The Supreme Court of the United States (“SCOTUS”) has unequivocally addressed the current standard of review for patent claim construction. Accordingly, the Court has held that a Federal Appellate Court can only overturn a District Court’s factual findings, if those findings were determined to be clearly erroneous. As such, this new standard transforms the de novo standard used by the Federal Circuit when reviewing patent claim construction.
Stephen Kimble is an inventor of a web-shooting gadget that allows kids to imagine they have super powers like Spiderman. More particularly, Kimble was granted a patent in 1991 by the United States Patent and Trademark Office for an apparatus that shoots foam from the palm of the hand, to give the user an impression that a spider web is formed. As such, the Supreme Court of the United States (“SCOTUS”) has agreed to review an appeal by Kimble in regards to considering overruling a 50-year old precedent that bars the collection of royalties on patents after they expire.
In a 6-3 decision, the Supreme Court of the United States held that Aereo “performs” the copyrighted works “publicly” as those terms are defined by the Copyright Act, thus infringing the copyrights of the content owners.
In a unanimous opinion, the U.S. Supreme Court ruled today that all claims at issue in the highly anticipated case of Alice Corp. v. CLS Bank Int'l. are invalid under §101 of the patent statutes.