Category: Supreme Court of the United States
-
Federal Circuit analysis would create “substantial disincentive” to generic entry, USDOJ tells Supreme Court in Hikma v. Amarin
The key arguments centred on whether it was plausible that Hikma’s marketing amounted to inducement to infringe.
-
Google petitions U.S. Supreme Court over Patent Trial & Appeal Board “settled expectations” denials
Google’s petition is likely to attract amicus briefs from other companies that are finding it increasingly difficult to get inter partes reviews instituted.
-
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…
-
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.
-
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.