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. While no new petitions were filed with the Court, a waiver of right to respond was filed in a patent case. Here are the details.
Granted Cases
There is no new activity to report.
Petition Cases
Waiver of Right to Respond
The government waived its right to respond in Killian v. Vidal, a patent case asking the Court to review two questions:
- Whether “the numerous departures of the Supreme Court’s Alice/Mayo jurisprudence by . . . the Federal Circuit . . . enabled the USPTO to violate the Title 5 of the United States Code (hereinafter ‘the Administrative Procedure Act’ or ‘the APA’) and the Due Process Clause of the Fifth Amendment of the Constitution?”
- Whether “the exceptions created by Article III courts of Title 35 U.S.C. § 101 exceed the constitutional authority of the courts?”