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Patents Denial of Certiorari Supreme Court of the United States

Haug Partners LLP

United Therapeutics Corporation Certiorari Petition Denied, Creates a Lose-Lose Situation

Haug Partners LLP on

On Monday, October 7, 2024, the U.S. Supreme Court (“SCOTUS”) denied United Therapeutics Corporation (“UTC”) petition for certiorari clearing the way for Liquidia Corporation (“Liquidia”) to launch its Yutrpia® drug product....more

Jones Day

Supreme Court Denies Cellect Petition on Interplay Between PTA and ODP

Jones Day on

The Supreme Court denies Cellect LLC's petition for certiorari to consider whether patent term adjustment ("PTA") should be included in patent term for obviousness-type double patenting ("ODP") purposes....more

Foley Hoag LLP

Supreme Court Declines Certiorari Review in Cellect

Foley Hoag LLP on

On October 7, 2024, the Supreme Court declined to hear Cellect LLC v. Vidal, No. 23-1231. The case has been followed closely by patent professionals ever since the Federal Circuit upended the judicially-created doctrine of...more

Sunstein LLP

The Kessler Doctrine: An Expanded Form of Preclusion Unique to Patent Litigation

Sunstein LLP on

Late last year, the Federal Circuit affirmed an award of over $5 million in attorneys’ fees in favor of the defendants in PersonalWeb v. Patreon. In addressing the propriety of the award, the Federal Circuit also took the...more

Axinn, Veltrop & Harkrider LLP

Vanda Strikes Out at the Supreme Court

Two weeks ago we discussed Vanda Pharmaceuticals’ ambitious cert petition asking the Supreme Court to discontinue the “reasonable expectation of success” standard for patent obviousness that for decades has been a mainstay of...more

Jones Day

Supreme Court Denies Petition Arguing for Preclusive Effects of PTAB Decisions Pending Appeal

Jones Day on

On February 20, 2024, the Supreme Court denied Liquidia Technologies’ petition for a writ of certiorari to review a precedential Federal Circuit decision, United Therapeutics Corp. v. Liquidia Techs., Inc., 74 F.4th 1360...more

Jones Day

Generative AI-Assisted Patent Inventorship Questions Remain

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The Situation: The U.S. Supreme Court recently denied certiorari in Thaler v. Vidal, leaving intact the Federal Circuit's ruling that only human beings, and not artificial intelligence ("AI") systems, can be inventors under...more

A&O Shearman

SCOTUS denies cert in skinny label appeal from the Federal Circuit

A&O Shearman on

On May 15, 2023, the Supreme Court of the United States denied Teva Pharmaceuticals USA, Inc.’s (“Teva”) petition for certiorari in Teva Pharmaceuticals USA, Inc. v. GlaxoSmithKline, LLC, ending a nearly nine-year court...more

AEON Law

Patent Poetry: US Supreme Court Declines to Consider Appeal of AI Inventor Decision

AEON Law on

The US Supreme Court has declined to hear a petition on the issue of whether artificial intelligence (AI) can be considered an inventor on a patent. As we discussed in this blog, in 2019 Stephen Thaler sought patent...more

Rothwell, Figg, Ernst & Manbeck, P.C.

Amgen v. Sanofi Case on Enablement of Antibody Genus Claims Will be Heard at the Supreme Court; Cert Denied in Juno v. Kite

The Supreme Court agreed on Friday, November 4, 2022, to review the standard for enablement of genus claims after the Federal Circuit’s decision in Amgen, Inc. v. Sanofi. We have previously covered Amgen’s petition for a writ...more

McDonnell Boehnen Hulbert & Berghoff LLP

CareDx, Inc. v. Natera, Inc. (Fed. Cir. 2022)

Plus ça change, plus c'est la même chose - Judge Moore, in Athena Diagnostics, Inc. v. Mayo Collaborative Services, LLC stated the obvious when she said in her dissent: My colleagues' refusal deflates the Amici's hopeful...more

McDonnell Boehnen Hulbert & Berghoff LLP

The Supreme Court Sidesteps America's Patent Eligibility Crisis

In an order that is clearly less impactful and damaging than a number of opinions that the Supreme Court has disgorged in the last two weeks, the justices have denied certiorari in American Axle & Mfg. Inc. v. Neapco Holdings...more

Morrison & Foerster LLP - Federal Circuitry

Supreme Court Refuses (Again) to Jump Back into the 101 Fray

As we’ve written about multiple times, a petition for certiorari from the Federal Circuit’s starkly divided decision in American Axle has been pending at the Supreme Court for some time.  Many thought this would be the case...more

McDonnell Boehnen Hulbert & Berghoff LLP

Supreme Court Denies Cert in American Axle

In a month where the Supreme Court's conservative majority has exercised its judicial muscle by striking down several well-established precedents, one portion of their jurisprudence is as fixed a constant as the Northern...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Supreme Court Denies Review in American Axle

This morning, the Supreme Court denied certiorari in the closely-watched patent eligibility case of American Axle v. Neapco. There were no noted dissents and no statements respecting the denial of certiorari. The denial means...more

Mintz - Intellectual Property Viewpoints

Supreme Court Hammers Final Nail in the IP Bridge v. TCL Coffin

On Monday, the Supreme Court denied TCL Communication’s certiorari petition, without comment, appealing the Federal Circuit’s ruling that the essentiality of a patent claim is a question for the jury rather than judges to...more

Holland & Knight LLP

U.S. Supreme Court Declines to Hear Another Section 101 Case

Holland & Knight LLP on

Those waiting for the U.S. Supreme Court to weigh in on Section 101 were, once again, disappointed this week. On Nov. 16, 2020, in the case of WhitServe LLC v. Donuts Inc. et al., case no. 20-325 (U.S. Supreme Court), the...more

Goodwin

Issue Twenty-Eight: PTAB Trial Tracker

Goodwin on

The availability of post-grant proceedings at the Patent Trial and Appeal Board (PTAB) has changed the face of patent litigation. This monthly digest is designed to keep you up-to-date by highlighting interesting PTAB,...more

McDonnell Boehnen Hulbert & Berghoff LLP

Supreme Court Takes Pass on Considering IPR Constitutionality

There is little rhyme nor reason in the cases the Supreme Court decides to review. But the Court has patterns in its case selection that do (to some degree) probe what the Justices think are important questions. One pattern...more

McDonnell Boehnen Hulbert & Berghoff LLP

Supreme Court Denies Another Certiorari Petition on Doctrine of Equivalents

The Federal Circuit during 2019 and 2020 has issued a spate of decisions on the proper application of the Doctrine of Equivalents (see, e.g., UCB, Inc. v. Watson Laboratories Inc. and Galderma Laboratories, L.P. v. Amneal...more

McDonnell Boehnen Hulbert & Berghoff LLP

Supreme Court Denies Certiorari in Actavis Laboratories v. Nalproprion Pharmaceuticals

In the Supreme Court's recent clarifying campaign through the Federal Circuit's U.S. patent law jurisprudence, one section of the statute, 35 U.S.C. §112(a) has been noticeably left unscathed. Indeed, avoidance of this...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

PTAB Strategies and Insights - May 2020: Supreme Court – Decided and Pending Constitutional Challenges

Most readers have been following the impact of the Federal Circuit’s decision in Arthrex and know that an earlier and less developed Arthrex I case is on cert to the Supreme Court asking the Court to address the appointments...more

Fish & Richardson

Section 101: Cert. Denied … Now What?

Fish & Richardson on

Since the Supreme Court’s decisions in Mayo Collaborative Services, LLC v. Prometheus Laboratories, Inc., 566 U.S. 66 (2012) and Alice Corp. v. CLS Bank, 573 U.S. 208 (2014), lower courts and the United States Patent and...more

McDonnell Boehnen Hulbert & Berghoff LLP

The Zombie Apocalypse of Patent Eligibility Reform and a Possible Escape Route

The hopes of anyone in favor of patent reform targeting 35 U.S.C § 101 have been official dashed -- or at least put on hold.  In an interview with the Intellectual Property Owner's association (IPO) last week, Senator Thom...more

Kramer Levin Naftalis & Frankel LLP

Supreme Court Won’t Take Up Patent Eligibility for Medical Diagnostics

The cloud of uncertainty over patent eligibility of patents for medical diagnostic methods remains. On Monday, the Supreme Court declined the opportunity to revisit patent eligibility under its two-step Mayo test when it...more

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