News & Analysis as of

Patent Litigation Solicitor General

Holland & Knight LLP

Supreme Court on Section 101 Patent Eligibility: Thanks But No Thanks

Holland & Knight LLP on

The U.S. Supreme Court conferred on two patent eligibility cases last week. And, if you are like me, you did not sleep a wink while anxiously awaiting the Court's decision. But if you're reading this, you likely already know...more

McDonnell Boehnen Hulbert & Berghoff LLP

Solicitor General Weighs in on Patent Eligibility Question

The Solicitor General, responding to a call from the Supreme Court for the government’s views, in April filed a brief directed to the proper legal standard for the “abstract idea” exception to patent eligibility under 35...more

Sunstein LLP

Supreme Court Won’t Fix the Patentability Mess It Created A Decade Ago

Sunstein LLP on

In 2019 the Federal Circuit reached the extraordinary conclusion, in American Axle & Manufacturing, Inc. v. Neapco Holdings LLC, that a patent for a method of making a drive shaft was invalid because it was directed to a...more

Holland & Knight LLP

American Axle: After Solicitor General Weighs In, Neapco Responds and Court Sets Conference

Holland & Knight LLP on

I first wrote on American Axle back in 2019. Nearly three years and dozens of hits for "American Axle" on hklaw.com later, we'll finally get an answer to whether the U.S. Supreme Court will hear another Section 101 dispute....more

McDonnell Boehnen Hulbert & Berghoff LLP

Solicitor General Provides Government Views in American Axle & Mfg. Inc. v. Neapco Holdings Co.

The faintest glimmer of hope crept over the clouded patent law horizon today, when the Solicitor General provided the government's views to the Supreme Court in an amicus brief in American Axle & Manufacturing, Inc.,...more

McDonnell Boehnen Hulbert & Berghoff LLP

Supreme Court Requests View of Solicitor General in American Axle v. Neapco

Today, the Supreme Court requested the views of the Solicitor General in its consideration of American Axle's certiorari petition, which asks the Court to reverse the Federal Circuit's decision in American Axle & Mfg. v....more

Foley & Lardner LLP

Unpacking The Solicitor General’s Brief In Vanda

Foley & Lardner LLP on

Responding to the invitation from the Supreme Court, the Solicitor General for the United States has filed an amicus brief for the United States in Hikma Pharmaceuticals USC Inc. v. Vanda Pharmaceuticals Inc. Stakeholders...more

Kramer Levin Naftalis & Frankel LLP

The Whole Enchilada: The Necessity of Looking at Claims as a Whole to Determine Patent Eligibility

On Jan. 10, the Supreme Court will decide whether it will review the Federal Circuit's decisions in the Athena v. Mayo, HP Inc. v. Berkheimer and Hikma v. Vanda cases. The Solicitor General, at the invitation of the Supreme...more

Snell & Wilmer

Solicitor General Weighs in on Section 101, Prompts High Court to Grant Review in Athena Diagnostics v. Mayo Collaborative...

Snell & Wilmer on

At the Supreme Court’s request, the Solicitor General on Friday, December 6, weighed in on two pending cert petitions dealing with patent subject matter eligibility under 35 U.S.C. § 101. Though the Solicitor General urged on...more

Snell & Wilmer

The Supreme Court to Consider Patent Infringement Damages Accrued Abroad

Snell & Wilmer on

The Supreme Court has granted certiorari to consider whether damages for infringement of a U.S. patent include lost profits resulting from activities outside the U.S....more

Polsinelli

Infringement Liability for US Products Sold Abroad: Could Supreme Court Reverse CAFC?

Polsinelli on

A case currently pending petition to the United States Supreme Court could further define the scope of potential patent infringement liability for U.S. based companies that sell products intended to be used abroad. If the...more

Fenwick & West Life Sciences Group

Biosimilars: Supreme Court Grants Certiorari in Amgen v. Sandoz

On Friday, January 13, the Supreme Court granted certiorari in Amgen v. Sandoz (Nos. 15-1039 & 15-1195). The Supreme Court originally deferred its decision on the parties’ certiorari petitions in order to consider the...more

Fenwick & West Life Sciences Group

Biosimilars: Solicitor General Recommends Granting Certiorari in Amgen v. Sandoz

Responding to the Supreme Court’s request for its views, the Solicitor General recently recommended granting certiorari and reversing some of the Federal Circuit’s key holdings in Amgen v. Sandoz (Nos. 15-1039 & 15-1195)....more

Fish & Richardson

Solicitor General Claims Error in Federal Circuit’s Sandoz Holding

Fish & Richardson on

On Monday, December 12, 2016, the Supreme Court denied certiorari in Apotex v. Amgen, No. 16-332. Apotex had petitioned the Court to clarify provisions of the Biologics Price Competition and Innovation Act (BPCIA) set forth...more

Foley & Lardner LLP

Supreme Court Defers Certiorari Decision In Amgen Sandoz Biosimilar Patent Dance Dispute

Foley & Lardner LLP on

On June 20, 2016, instead of deciding whether to grant certiorari in the biosimilar patent dance dispute between Amgen and Sandoz, the Supreme Court invited the Solicitor General “to file a brief in this case expressing the...more

Goodwin

Supreme Court asks SG for views on Sandoz, Amgen petitions: Analysis and Next Steps

Goodwin on

As we posted on June 20, the Supreme Court has invited the Solicitor General to file briefs regarding the Sandoz v. Amgen and Amgen v. Sandoz petitions for certiorari. Below we provide further analysis and commentary on the...more

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