Petitions / Supreme Court Activity

Recent Supreme Court Activity

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.

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Petitions / Supreme Court Activity

Recent Supreme Court Activity

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.

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News

Recent News on the Federal Circuit

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights news regarding a recent decision by the Federal Circuit in a veterans case related to Agent Orange exposure, today’s oral argument at the Supreme Court in three cases decided by the Federal Cirxuit, the Solicitor General’s recent amicus briefs suggesting the Supreme Court should wait to review a case concerning patent eligibility law, and a summary of Converse’s efforts to protect its Chuck Taylor shoe from alleged copyists.

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Featured / Supreme Court Activity

Solicitor General Suggests Supreme Court Deny Review in Two Patent Cases Concerning Eligibility

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.

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