Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to granted cases, there is no new activity to report since our last update. With respect to petitions, two new petitions were filed with the Court in patent cases, and the government waived its right to respond in three cases. Here are the details.
There is no new activity to report.
Two new petitions were filed with the Court.
In Avery Dennison Corp. v. ADASA Inc., the petitioner asked the Court to review the following question: “whether … by subdividing a serial number into ‘most significant bits’ that are assigned such that they remain identical across RFID tags, constitutes patent-eligible subject matter under 35 U.S.C. § 101.”
In Ingenio, Inc. v. Click-to-Call Technologies LP, the petitioner asked the Court to review the following questions:
- “Whether 35 U.S.C. § 315(e)’s IPR estoppel provision applies only to claims addressed in the final written decision, even if other claims were or could have been raised in the petition.”
- “Whether the Federal Circuit erroneously extended IPR estoppel under 35 U.S.C. § 315(e) to all grounds that reasonably could have been raised in the petition filed before an inter partes review is instituted, even though the text of the statute applies estoppel only to grounds that ‘reasonably could have [been] raised during that inter partes review.’”
Waivers of Right to Respond
The government waived its right to respond in three cases:
- The government waived its right to respond in Faris v. Department of the Air Force, a pro se case.
- The government waived its right to respond in Delgado v. Department of Justice, a Merit Systems Protection Board case.
- The government waived its right to respond in McCormick v. McDonough, a pro se case.