Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respecct to granted cases, we are still waiting on the Supreme Court to issue opinions in one case. With respect to petitions, one new petition was filed with the Court in a patent case, three new waivers of the right to respond were filed in another patent case, and the Court denied a petition in a case raising questions related to design patent law. Here are the details.
Granted Cases
We are still waiting on the Supreme Court to issue opinions in the only remaining case originally decided by the Federal Circuit and argued in the current term, Vidal v. Elster, a trademark case.
Petitions
New Petitions
Since our last update, one new petition was filed with the Court.
In Chestek PLLC v. Vidal, Chestek asked the Court to review the following question:
- “Whether the PTO is exempt from notice-and-comment requirements when exercising its rulemaking power under 35 U.S.C. § 2(b)(2).”
Waivers of the Right to Respond
Three waivers of the right to respond to petitions were filed in one case.
Google LLC, Amazon Inc., and Walmart, Inc. each waived its right to respond in Eolas Technologies Inc. v. Amazon.com, a case presenting three questions related to patent eligibility.
Denial
Since our last update, the Supreme Court denied certiorari in one case:
- Seirus Innovative Accessories, Inc. v. Columbia Sportswear North America, Inc. (design patent law)