Category: Supreme Court of the United States
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Some direct patent infringement “acceptable price” for expediting competition: U.S. Solicitor General urges Supreme Court to review skinny labeling and generic drug access
United States Solicitor General D. John Sauer has filed a petition urging the Supreme Court to intervene in a long-running drug patent infringement case in which he alleges the Federal Circuit failed to apply the “skinny labelling” (section viii) pathway, which allows the entry of generics that carve out patented uses but otherwise duplicate the…
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Supreme Court casts USPTO into greatest legal uncertainty in its (at least modern) history: Loper Bright v. Raimondo
The Supreme Court has overruled a decades-old doctrine that entitled government agencies such as the USPTO to deference on legal questions concerning their governing statutes.
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Supreme Court asked to clarify PTAB invalidation decisions have preclusive effect even if being appealed
The Federal Circuit apparently believes that its own affirmance of a PTAB invalidity finding has preclusive effect (even if the losing side could still petition for rehearing or certiorari), while a final PTAB decision does not.