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Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With regard to granted petitions, last week the Supreme Court issued its opinion in the last remaining case this term that had been decided by the Federal Circuit. With regard to pending petitions, two new petitions were filed in patent cases. The Court also denied two petitions, one raising a question related to patents and one raising questions relating to government contracts. Here are the details.

Granted Petitions

New Opinion

Since our last update, the Court issued its opinion in Soto v. United States, a case originally decided by the Federal Circuit. The Court granted review to consider whether a statutory provision governing Combat-Related Special Compensation, 10 U.S.C. § 1413a, provides a settlement mechanism that displaces the default procedures and limitations set forth in the Barring Act. According to the Federal Circuit, “the Barring Act applies to settlement claims” regarding Combat-Related Special Compensation and, as a result, “the six-year statute of limitations contained in the Barring Act applies to CRSC settlement claims.” The Supreme Court, in an opinion authored by Justice Thomas, reversed. According to the Court, “[t]he CRSC statute confers authority to settle CRSC claims and thus displaces the Barring Act’s settlement procedures and limitations period.” We will post an opinion summary later today.

Pending Petitions

New Petitions

Since our last post, two new petitions were filed in Gesture Technology Partners, LLC v. Unified Patents, LLC and Gesture Technology Partners, LLC v. Apple Inc. They both raise the following question:

  • “Whether the PTO has the authority to conduct administrative adjudications regarding the validity of expired patents, and thereby extinguish private property rights through a non-Article III forum without a jury, even though the patent owner no longer possesses the right to exclude the public from its invention.”

Denials