Supreme Court Activity

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. This week’s highlights include new petitions filed in a patent case raising a question related to standing and a takings case raising a question related to a regulatory takings claim. Here are the details.

New Petitions

Two new petitions were filed with the Supreme Court since our last update.

In Zebra Technologies Corporation v. Intellectual Tech LLC, a patent case, the petition asks the Supreme Court to review the following question:

  • “Whether a party has Article III standing to assert a claim for patent infringement against an accused infringer who has the ability to obtain a license from a third party.”

In Lemon Bay Cove, LLC v. United States, a takings case, the petition asks the Court to review the following question:

  • “The question presented is whether a regulatory takings claim seeking just compensation under Lucas may be defeated by the mere possibility that a permitting authority might have approved a smaller development proposal.”