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Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. The Court does not have any cases pending with granted petitions. With regard to pending petitions, the Court called for the views of the Solicitor General in a patent case involving so-called skinny labels, two waivers of the right to respond to petitions were filed in two related patent cases, and the Court denied two petitions in patent cases. Here are the details.

Granted Petitions 

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

Pending Petitions

Call for the Views of the Solicitor General

Since our last update, the Court called for the views of the Solicitor General in Hikma Pharmaceuticals USA Inc. v. Amarin Pharma, Inc. In this case, the petition presented the following questions:

  1. “When a generic drug label fully carves out a patented use, are allegations that the generic drugmaker calls its product a ‘generic version’ and cites public information about the branded drug (e.g., sales) enough to plead induced infringement of the patented use?”
  2. “Does a complaint state a claim for induced infringement of a patented method if it does not allege any instruction or other statement by the defendant that encourages, or even mentions, the patented use?”

Waiver of Right to Respond

Since our last update, waivers of the right to respond to petitions were filed by Apple, Inc. in both Gesture Technology Partners, LLC v. Unified Patents, LLC and Gesture Technology Partners, LLC v. Apple Inc.

Denials