Supreme Court

Upcoming S.Ct. patent cases of interest (posted 01/04/22)

Law360 published an article (cached - private) identifying cases that might be taken up by the Supreme Court in 2022:

  • Eligibility: American Axle v. Neapco. In response to an en banc petition, the Fed. Cir. issued 100+ pages of rulings, leaving panel decision in place. On appeal to the S.Ct., the Justices, in May, asked for the solictor general to file a brief which is yet to be submitted.
    • Update: Petition denied 6/30/22
  • Kessler Doctrine/patent exceptionalism: PersonalWeb v. Patereon.
    • Update: Petition denied 05/16/22
  • Fintiv Rule: Apple v. Hirschfeld; Apple v. Optis; Mylan v. Janssen; Intel v. VLSI.
  • Inducement/“skinny labels”: GlaxoSmithKline v. Teva. The Fed. Cir. is pondering an en-banc petition.

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