High Court Continues To Weaken Patents

By David Newman (May 30, 2017, 11:37 AM EDT) -- Innovation of small companies and startups ("SC/SUs") could be at risk due to three U.S. Supreme Court patent rulings, each having a detrimental effect on patent enforcement efforts by SC/SUs. The following three rulings disfavor patent owners and could combine to slow innovation in the United States: (1) The Supreme Court's recent narrowed venue decision in TC Heartland LLC v. Kraft Foods Group Brands LLC[1]; (2) The court's In re Cuozzo Speed Tech.[2] ruling that affirmed the use of broadest reasonable interpretation (BRI) rule under the 2013 America Invents Act — has led to more frequent post-grant invalidation of patents; and...

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