Archive for November, 2017

Oil States’ Reply Brief

Monday, November 20th, 2017

The petitioner in the Oil States v. Greene’s Energy Group case has filed its reply brief. The reply brief is available [here].

From Federal Circuit Clerk to Supreme Court Fellow

Friday, November 17th, 2017

You might have noticed today two rather succinct opinions issued by the Federal Circuit.  One wonders if that is in response to recent criticism of the Federal Circuit for issuing so many Rule 36 opinions in patent related appeals.

I thought it was interesting that one of the Federal Circuit’s judicial clerks recently moved on to become a Supreme Court Fellow.  Namely, Judge O’Malley’s former clerk, Matthew Sipe, moved on to become a Supreme Court fellow assigned to the administrative office of the United States Courts. [Link].  You can listen to Judge O’Malley nominate Mr. Sipes for admission to the Federal Circuit Bar [here].

I have to admit that I had never heard the term “Supreme Court Fellow” before.  It appears that there are only four appointed each year.  At any rate, to the extent that the administrative office of the United States Courts has any influence on Congress, Mr. Sipes should be well-positioned to make the administrative office aware of the Federal Circuit’s plight and the possible need for Congress to propose legislation to create additional Federal Circuit judgeships to alleviate the Rule 36 problem.

Video of Oral Argument of Texas’ Patent Agent Privilege Case

Saturday, November 11th, 2017

The Supreme Court of Texas heard oral argument the other day in In re Andrew Silver, the patent agent privilege case. The issue has been characterized as follows:

“The issue in this mandamus to rescind a discovery order is whether Texas evidence rule 503 protects confidential communications between a patent applicant and his non-attorney patent agent authorized to practice law in federal patent proceedings.”

You can watch the video recording of the oral argument [here].

David Hricik wrote about the USPTO’s new patent agent privilege rule [here].

Justice Souter (ret.) on the inestimable moral value of jurors

Wednesday, November 8th, 2017

With Oil States coming up for oral argument in a few weeks, it is interesting that five of the current Justices of the Supreme Court were recently present to hear Justice Souter’s comments about the inestimable moral value of jurors.

A Conversation with Six Justices of the Supreme Court

Tuesday, November 7th, 2017

I stole this from the Scotusblog, where I noticed it today:

Briefs for Oil States v. Greene’s Energy

Tuesday, November 7th, 2017

The Scotusblog is a great resource for seeing all the briefs that have been filed in pending Supreme Court cases.  You can see the briefing in Oil States v. Greene’s Energy at this [link].

Oral Argument from a Supreme Court Tribal Immunity Case

Monday, November 6th, 2017

Sovereign immunity for Indian nations is a hot topic these days, at least with respect to patent law.  I posted about tribal immunity back in 2011.  The post was focused on tribal immunity from patent infringement, rather than immunity from USPTO actions.  You can view the post here: [Sovereign Immunity from Patent Infringement for Indian Tribes].

Looking back at that post, I thought people might be interested in listening to the oral argument from the Supreme Court case Kiowa Tribe of Okla. v. Manufacturing Tech., Inc., 523 U.S. 751, 754 (1998). You can listen to that oral argument here: [Listen][Read].

CourtListener’s mapping feature

Wednesday, November 1st, 2017

The CourtListener site has an interesting mapping feature that I stumbled upon today.  I’m not entirely certain what it is showing me; but, some of you might enjoy experimenting with it.  I mapped the line of cases from Aro I — in which the Supreme Court said there was not “gist” or “heart” of an invention — to Alice.  This is the result I got: