Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to the Supreme Court’s October 2021 term, the Court still has not granted any petitions in cases decided by the Federal Circuit. As for pending petitions, since our last update one new petition was filed in a trademark case. Additionally, the government filed two waivers of right to respond. The Court also requested responses to two pending petitions in patent cases. Lastly, the Court denied seven petitions. Here are the details.
As mentioned, this term the Court has not granted any petitions in cases decided by the Federal Circuit.
In Australian Leather Pty. Ltd. v. Deckers Outdoor Corp., the petitioner asked the Court to review the following questions:
- “Whether a term that is generic in the English-speaking foreign country from which it originated is ineligible for trademark protection in the United States.”
- “Whether and, if so, how the ‘primary significance to the relevant public’ standard in 15 U.S.C. § 1064(3) for determining whether a registered trademark has ‘become’ generic applies where a term originated as generic before registration.”
Waivers of Right to Respond
The Court requested a response in Olaf Sööt Design, LLC v. Daktronics, Inc., a patent case in which the petitioner raised a question regarding claim construction.
In Infinity Computer Products, Inc. v. Oki Data Americas, Inc., another patent case raising a question related to patent indefiniteness, the Court also requested a response.
The Court denied review in the following seven cases:
- Albright v. United States (takings)
- Mohapatra v. Hirshfeld (pro se)
- Bondyopadhyay v. United States (pro se)
- Pyrotechnic Specialties, Inc. v. Secretary of Defense (government contract)
- Rain Computing, Inc. v. Samsung Electronics America, Inc. (patent)
- Mankaruse v. Raytheon Company (pro se)
- Mankaruse v. Intel Corporation (pro se)