Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. Since our last update, a new petition was filed in a pro se case involving a former patent examiner. Also, responses were requested in two patent cases both presenting the same question related to the authority of the Patent and Trademark Office to conduct administrative adjudications. Here are the details.

Granted Petitions

There are no pending cases at the Supreme Court that were decided by the Federal Circuit.

Pending Petitions

New Petition

Since our last report, a petition was filed in Behnamian v. Stewart, a pro se case presenting several questions related to an employment dispute involving a patent examiner.

Responses Requested

Response to petitions were requested in Gesture Technology Partners, LLC v. Apple Inc. and Gesture Technology Partners, LLC v. Unified Patents, LLC, patent cases both presenting 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.”