This year, we wind down not only the year, but the decade. So, it is time to reflect upon the biggest patent related stories of the last ten years. As with any Top 10 list or ranking, there will undoubtedly be disagreements. For example, be forewarned, Mayo v. Prometheus did not make the list, but rest assured the ineptitude of the Supreme Court with respect to patent eligibility is well represented. Before jumping to the top 10, represented in chronological order, I want to mention several honorable mention stories that were close but didn’t make the list. First, although completely inconsequential, on June 22, 2015, in Kimble v. Marvel, the United States Supreme Court rejuvenated a 50-year-old rule that limits collecting patent royalties after a patent expires. In that decision the Supreme Court cited the importance of stare decisis, saying that there needs to be an overwhelmingly important rationale for disturbing well settled law, which is laugh-out-loud funny given how they did precisely that when they completely rewrote all of patent eligibility law with Bilski, Myriad, Mayo and Alice this decade. I’m sorry, but the Supreme Court citing stare decisis shows just how out of touch and ignorant they have collectively become.
- A New Era of Copyright Litigation in Hollywood: Revisiting Pirates of the Caribbean One Year Later
- Federal Circuit Vacates TTAB Decision as Arbitrary and Capricious
- ‘I Want to Thank You’: Who and What IP Stakeholders are Giving Thanks for This Year
- SCOTUS Declines Solving Circuit Split on Awarding Avoided Costs in Trade Secret Cases
- Supreme Court Again Denies Inventor’s Bid to End Alice/Mayo