02.06.17

US Supreme Court Nominations by Trump Administration Will Impact Patent Law (and Scope) in 2017

Posted in America, Law, Patents at 7:32 am by Dr. Roy Schestowitz

Neil Gorsuch
Reference: Neil Gorsuch

Summary: Supreme Court nominee Neil Gorsuch (likely to fill Scalia’s shoes) and potentially more Trump nominations/appointments will determine policy and help decide the scope of patents in the United States later this year

“Supreme” decisions like Alice matter a lot in the United States. The US Supreme Court has had a profound impact on software patenting, for example, even more than 2 years down the line.

Each country has a high or supreme court (take for example this new “report” about the Supreme Administrative Court in Taiwan about prior art investigations), but in some cases the impact of rulings is greater than in others. As Alice (or In Re Bilski) served to show, we cannot just ignore what is happening. Refusal to revisit Alice-like cases assures us a software patents-hostile environment/atmosphere for quite some time to come.

There are additional decisions coming up which involve patents. Lexmark, for example, (mis)uses patents to take control over products that it ‘sold’ to people — a subject last revisited a week ago by Patently-O, which wrote: “”In these cases, the most important brief is often the amicus filing by the U.S. Government. Here, the brief USG brief was filed on January 24 by President Trump’s newly appointed acting solicitor general (Noel Francisco) who (like Obama’s SG) has taken the position of supporting the challenger (Impression) against the patentee (Lexmark) and the Federal Circuit. Time will tell whether this stance is more generally predictive of the new administration’s stance on patent rights and patent enforcement.”

This is an example where someone appointed by Trump takes a position not favourable to the patent aggressor/maximalist. One might treat that as a positive sign. We still try to figure out what Neil Gorsuch, whom Trump wants to join US Supreme Court (SCOTUS), thinks about patents. There is very scarce evidence in that area and no doubt the composition of SCOTUS (basically about a dozen people) will help determine quite a lot in years to come. Another Supreme Court case was mentioned some days ago by MIP, which wrote:

The Supreme Court granted cert for the cross-petitions of Sandoz and Amgen on January 13, and will later this year will hear its first biosimilars case since the Biologics Price Competition and Innovation Act (BPCIA) came into effect.

In its petition, Amgen, represented by Deanne Maynard of Morrison & Foerster, wrote that in enacting the BPCIA, Congress “established procedures to control and streamline patent litigation” between biosimilar applicants and reference product-makers.

We welcome any feedback/input one might have about Gorsuch’s views on patents, but in the mean time we’ll have to wait and see some judgments.

Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email

This post is also available in Gemini over at:

gemini://gemini.techrights.org/2017/02/06/scotus-patent-scope-in-2017/

If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

Pages that cross-reference this one

What Else is New


  1. TechBytes Episode 91: End of Privacy and End of Windows 10X

    Tim and Roy produce their 2nd audiocast since TechBytes returned



  2. The Cancel Song

    People who work for (or receive funding from) Nazi-associated IBM are still trying to turn the work/legacy of Richard Stallman (RMS) into dust/ashes



  3. Pro-Software Freedom Advocates and Free/Libre Software Supporters Face Barriers Due to Domination of Communication Channels (Beyond the Media)

    A carefully-checked assessment of an overlooked aspect surrounding the 'cancel mob', which incites and brainwashes people based on lies; there's an attempt to control channels of communication (e.g. Open and Free Technology Community and Freenode) and to generally suppress people who support the founder of GNU/Linux



  4. Bashing Free Software and GNU/Linux is a Terrible Business Model for Publishers

    Contrary to unflattering portrayals by hostile media that's sponsored by foes of Free software, the usage of Free software grows, even if things such as DRM and surveillance stand in the way of software freedom (which was wrongly assumed to be ushered in by Free software, irrespective of malicious features like 'telemetry')



  5. Links 8/5/2021: GIMP 2.99.6, Wine 6.8 Released

    Links for the day



  6. IRC Proceedings: Friday, May 07, 2021

    IRC logs for Friday, May 07, 2021



  7. [Meme] Outsourcing Audacity Development to Microsoft Proprietary Software and Then Copying Microsoft Tactics (and 'Telemetry')

    They've had the audacity to call it "telemetry" and pretend that surveillance companies (spying giants) cannot figure out who you are based on IP addresses



  8. Links 7/5/2021: IPFire 2.25 Core Update 156 and Diffoscope 174 Released

    Links for the day



  9. The New Microsoft? No, the New IBM.

    Microsoft GitHub and IBM: a strategic alliance between a monopolistic duo



  10. The Audacity Takeover by Muse Group is No Cause for Celebration

    Audacity is now part of an entity called Muse Group and if it doesn’t take or suck freedom out of Audacity, it will certainly deny users rather basic concepts (or anticipation) of privacy



  11. King of Linux

    If the entire operating system is being called "Linux", then we fall for a publicity or misattribution stunt



  12. The Biggest Troll is the Linux Foundation, Still Looking to Provoke and Defame Free Software Communities in Order to Help a Monopolistic Takeover and to Shoehorn Tyrants Into Leadership Positions

    Contrary to what the so-called ‘Linux’ Foundation is trying to say, the most toxic element is itself; it’s maligning the real community while protecting abusive and racist corporations that profit from war and tribalism-motivated hatred



  13. IRC Proceedings: Thursday, May 06, 2021

    IRC logs for Thursday, May 06, 2021



  14. “The Lolita Express” and Prince Bill

    “The Lolita Express” scandals return to haunt pool old Bill, as it turns out his wife was upset and it's quite likely the reason for their divorce



  15. Links 7/5/2021: GNU/Linux Preinstalled, Plamo 7.3, LibreOffice 7.1.3

    Links for the day



  16. The Latest Reports About Bill Gates Serve to Confirm or at Least Reaffirm Many People's Suspicions

    So, just as many people suspected, Melinda Gates did not appreciate her husband sneaking behind her back to meet someone who had trafficked thousands of underage girls for sexual exploitation and there are high-profile calls right now for greater transparency, seeing the impact on the world’s biggest tax evasion vehicle



  17. Disregard Web Sites That Call Themselves 'News' and Instead Promote Proprietary Software for Companies Like Microsoft

    Publishers like IDG have long been paid-for marketing in ‘article’ clothing, sometimes with the veneer of ‘reporting’ (as if they have some inside knowledge or insight, e.g. speaking with or for the company they secretly coordinate with or market for); but sadly we’ve been seeing some so-called ‘Linux’ sites doing the same thing, in effect acting like de facto Microsoft marketers



  18. [Meme] Who Needs Examination Anyway When There's 'Hey Hi' (AI)?

    The patent production line could do away with 'pesky' and 'opinionated' examiners who actually wish to scrutinise alleged 'inventions'



  19. Europe's Second-Largest Institution Corrupting the Media and Buying Expensive Puff Pieces

    As annual reports reveal, the EPO wastes an extraordinary amount of money on reputation laundering campaigns and it pollutes the signal by paying publishers; we examine this issue using the new 'reports' shown in the video above



  20. Links 6/5/2021: Fedora’s Compiler Policy and Celemony Software GmbH Adopting Free Software

    Links for the day



  21. Free Software Proponents Don't Fall for Bullshit (Same is True for EPO Examiners)

    There are parallels between what happens in the Free Software Movement and the EPO, where well-meaning people — and usually hard-working scientists — are besieged by people who never really contributed anything to society



  22. IRC Proceedings: Wednesday, May 05, 2021

    IRC logs for Wednesday, May 05, 2021



  23. Lessons From Another Failed Coup Against the Free Software Movement

    The coup has very clearly failed and we should prepare for future attempts (they go in cycles); the monopolies really dislike software they cannot control fully (e.g. copyleft/GPL-licensed software)



  24. Links 5/5/2021: Mesa 21.1 Released and New Releases of Python

    Links for the day



  25. Links 5/5/2021: StarLabs, GNU Zile 2.6.2, Fedora i3 Spin

    Links for the day



  26. Phony 'Scandals' From Phony 'News' Site ZDNet

    Steven J. Vaughan-Nichols continues the coup against the FSF (trying to separate it from its founder, Richard Stallman), funded by IBM and Microsoft to engage in libel at a marketing company-owned ‘news’ site called ZDNet



  27. Links 5/5/2021: Windows Security Breaches and GNU Pokology Launched

    Links for the day



  28. IRC Proceedings: Tuesday, May 04, 2021

    IRC logs for Tuesday, May 04, 2021



  29. Links 4/5/2021: Taiwins 0.3, KDE Plasma 5.21.5 Released

    Links for the day



  30. EPO Already Wasting Money on Media Manipulation Campaigns for European Inventor Award

    An online-only European Inventor Award 'event' is being used as a pretext/excuse to flood European publishers with money they can rightly perceive as 'hush money'; everyone out there with no spine would likely buckle at the sight of EPO euros and just produce mindless puff pieces that serve to distract from EPO corruption


RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

Recent Posts