FedCircuitBlog

This morning the Supreme Court denied the petition for certiorari in Athena Diagnostics, Inc. v. Mayo Collaborative Services, LLC, one of the most important patent cases in recent memory. In that case, the petitioner pleaded with the Court to revisit the doctrine of patent eligibility given the uncertainty and incorrect results generated by the Supreme Court’s 2012 decision in Mayo Collaborative Services v. Prometheus Laboratories, Inc., particularly in the area of life sciences technologies. Notably, the Court also denied review in two other cases raising issues related to patent eligibility, Hikma Pharmaceuticals USA Inc. v. Vanda Pharmaceuticals Inc. and HP Inc. v. Berkheimer. We have the details.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. Highlights include the reply brief on the merits in Romag Fasteners, Inc. v. Fossil, Inc., four new petitions (two in patent cases and two in veterans cases), two responses to petitions (both related to patent eligibility), three reply briefs in support of petitions (in one patent case and two veterans cases), and supplemental briefs and a letter to the court in five cases as a result of the government’s amicus briefs related to patent eligibility in Hikma Pharmaceuticals USA Inc. v. Vanda Pharmaceuticals Inc. and HP Inc. v. Berkheimer. Here are the details.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. Highlights include a recap of the oral argument in Maine, Moda , and Land of Lincoln, a new petition in an MSPB case, a response by the Solicitor General to a petition raising questions related to patent eligibility in the context of computer-implemented technology, and a reply in support of a petition in a case raising questions related to sovereign immunity and inter partes reviews of patents. Here are the details.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. It was an exceptionally busy week. In granted cases, the Supreme Court decided Peter v. NantKwest, Inc. and heard oral arguments in four of its other cases. As for petitions cases, two petitions were denied and four new responses, two new replies, and three new amicus briefs were filed. Here are the details.

This morning the Supreme Court issued its opinion in Peter v. NantKwest, holding that the Patent and Trademark Office does not get to recover the salaries of its attorneys and paralegal employees when a patent applicant files a civil action in the United States District of Virginia to challenge a rejection of its application.

On Friday the Solicitor General filed amicus briefs requested by the Supreme Court in two patent cases, Hikma Pharmaceuticals USA Inc. v. Vanda Pharmaceuticals Inc. and HP Inc. v. Berkheimer. In both cases, the Solicitor General recommended that the Court deny review. A closer examination of the briefs, however, shows the Solicitor General supporting a reexamination of substantive, if not not procedural, patent eligibility law, at least as expressed by the Supreme Court since Bilski v. Kappos in 2010, and in particular in the currently-pending case Athena Diagnostics, Inc. v. Mayo Collaborative Services, LLC.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. In granted cases, various briefs were filed in Romag Fasteners, Inc. v. Fossil, Inc. and Thryv, Inc. v. Click-to-Call Technologies, LP. In addition, one new pro se petition was filed, along with two new amicus briefs in other cases. Here are the details.

Happy Thanksgiving! Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. In granted cases, the only case with any activity was Thryv, Inc. v. Click-To-Call Technologies, LP, in which the petitioner filed its reply brief. As for petitions, the Court denied review in three cases, parties filed three responses in opposition and one reply, and a third party filed an amicus brief in one case. We have the details.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. In granted cases, the Court issued orders on motions for divided arguments and received two reply briefs. In petitions cases, the Court granted a petition, denied two petitions, and received a new petition and several briefs.

This afternoon the Supreme Court granted the petition for certiorari in Google LLC v. Oracle America, Inc., a copyright case most recently decided by the Federal Circuit in 2018. The grant comes on the heels of the case being listed for consideration at four of the Court’s conferences, including the last three in a row.