The United States Supreme Court is soon poised to decide the fate of the enablement requirement, and the patent community is collectively holding its breath, wondering if the Court will strike a deathblow to the biopharmaceutical industry—simultaneously making all patents harder to get and even easier to challenge than they already are. The Supreme Court does not have a strong track record of objectively getting patent issues correct, at least not from a pro-innovation standpoint, although the Justices and their supporters likely would disagree. The undeniable truth, however, is that since the Supreme Court issued its decision in eBay v. MercExchange, virtually every decision of consequence to the patent system has made patent rights weaker and patents themselves easier to successfully challenge.
Recent Posts
- Other Barks & Bites for Friday, November 7: CJEU Action Against EU Commission Referred Over SEP Regulation; Ninth Circuit Affirms CoComelon Copyright Win; and C4IP Urges USTR to Address IP Concerns in USMCA Joint Review
- Mixed UK High Court Ruling Fails to Answer Fundamental Questions of AI Copyright Infringement
- Professors Press SCOTUS to Affirm Copyright Protection for AI-Created Works
- Squires Emphasizes AI, Dubs Inherited Backlog ‘An Absolute Dumpster Fire’ and a ‘Betrayal’
- Federal Circuit Clarifies Precedent on Pre-AIA Prior Art ‘By Another’
