News & Analysis as of

Patents Denial of Certiorari

Haug Partners LLP

The Sole Meaning of “Solely”: Supreme Court Denies Certiorari on Edward Life Sciences v. Meril Life Sciences Pvt. Ltd. and Permits...

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This month the Supreme Court denied certiorari on Edwards Lifesciences Corp. v. Meril Life Sciences Pvt. Ltd., and in doing so, seemingly indicated its support for a broad interpretation of the Hatch-Waxman safe harbor...more

Fitch, Even, Tabin & Flannery LLP

IP Alert: Allergan Limits Cellect, But Leaves Ambiguity in ODP Analysis

On August 13, the Federal Circuit, in Allergan USA, Inc. v. MSN Laboratories Private Ltd., held that a “first-filed, first-issued, later-expiring claim cannot be invalidated by a later-filed, later-issued, earlier-expiring...more

Haug Partners LLP

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

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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

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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

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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

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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

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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

BakerHostetler

The Supreme Court Again Declines To Reevaluate Subject Matter Eligibility of Diagnostic Claims

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The Supreme Court seemed, at least to a small degree, interested in evaluating the subject matter eligibility of diagnostic claims when it requested that the respondents (Natera Inc. and Eurofins Viracor Inc.) respond to a...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

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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

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

Kramer Levin Naftalis & Frankel LLP

United States Calls for Supreme Court to Deny Petition for Certiorari Challenging Fintiv Factors

On Oct. 28, 2021, the Solicitor General filed a brief in opposition to Apple’s petition for a writ of certiorari in Apple Inc. v. Optis Cellular Tech., LLC et al. (No. 21-118). The government argued that the Federal Circuit...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

Proskauer Rose LLP

Three Point Shot - June 2021

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Welcome to Three Point Shot, a newsletter brought to you by the Sports Law Group at Proskauer. Three Point Shot brings you the latest in sports law-related news and provides you with links to related materials. In this issue,...more

Haug Partners LLP

Can Biopharma Functional Genus Patent Claims Be Resuscitated?

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An en banc rehearing petition to the Federal Circuit seeks to breathe life back into the widespread practice of patenting a genus of compounds by claiming their common functional characteristics. This claiming practice was...more

Haug Partners LLP

Standing to Appeal Post-Grant Proceedings: A Brief Review of Recent Federal Circuit Opinions

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On April 7, 2021, the Federal Circuit decided Apple Inc. v. Qualcomm Inc., where it held that Apple lacked standing to appeal the final written decisions in two inter partes review (“IPR”) proceedings before the U.S. Patent...more

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

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2020 Decisions: Security People, Inc. v. Iancu, 971 F.3d 1355...

Security People lost an inter partes review (IPR) and appealed to the Federal Circuit. It lost that appeal and was denied certiorari at the Supreme Court. Security People never raised constitutional arguments in any of these...more

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

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2020 Decisions

[co-author: Kathleen Wills] Last year, the global COVID-19 pandemic created unprecedented challenges for American courts. By making several changes, however, the U.S. Court of Appeals for the Federal Circuit was able to...more

Holland & Knight LLP

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

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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

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