Supreme Court Patent Law Outlook 2022

by Dennis Crouch

For the to start with time considering that 2008, the Supreme Court’s October 2021 phrase will come to a near without any patent decisions.  I have included a chart under, but ought to be aware that there is some discussion about the edges about what constitutes a “patent choice.” Here is my listing: SCTPatentCases.

In addition, the Court docket has also not granted writ of certiorari in any pending situations. Therefore, it is fully attainable that the Oct 2022 phrase will occur and go devoid of any patent conclusions.  The only IP centric circumstance that has been granted certiorari is Andy Warhol Basis for the Visual Arts, Inc. v. Goldsmith, examining a Second Circuit copyright final decision on the issue of transformative truthful use.

Continue to, there are a amount of critical pending petitions that could also be transformative in the patent regulation build, together with 4 situations with superb calls for the sights of the Solicitor Basic (CVSG).  I have divided the pending conditions into 3 standard types:

Patentability:

• Eligibility beneath Portion 101: American Axle & Production, Inc. v. Neapco Holdings LLC, et al., No. 20-891 (CVSG requested May possibly 3, 2021) Also, Universal Safe Registry LLC v. Apple Inc., et al., No. 21-1056 Interactive Wearables, LLC v. Polar Electro Oy, et al., No. 21-1281. and Ameranth, Inc. v. Olo, Inc., No. 21-1228.
• Scope and Treatment for the Enablement Need: Amgen Inc., et al. v. Sanofi, et al., No. 21-757 (CVSG requested April 18, 2022)

Infringement and Damages:

• Do Increased Damages Have to have “Egregious Behavior”: Cisco Techniques, Inc. v. SRI Intercontinental, Inc., No. 21-1267.

Course of action:

• Prior artwork in Inter Partes Evaluate: Baxter Company Englewood v. Becton, Dickinson and Corporation, No. 21-819 (use of specialist testimony to fill gaps in the prior artwork).
• Employing Assert Building to Undermine Jury Decisions: Olaf Sööt Style and design, LLC v. Daktronics, Inc., et al., No. 21-438 (CVSG requested October 4, 2021).
• Appellate Standing for IPR Challenger & Licensee: Apple Inc. v. Qualcomm Included, No. 21-746 (CVSG requested February 22, 2022) also Apple Inc. v. Qualcomm Incorporated, No. 21-1327.
• Res Judicata and the Patent-Certain Kessler Doctrine: PersonalWeb Technologies, LLC v. Patreon, Inc., et al., No. 20-1394 (CVSG submitted, agreeding that Federal Circuit erred, but suggesting that this is not an correct scenario).

Most of these petitions will be decided by the stop of June 2022, while the circumstances awaiting Gov’t amicus quick will probably be delayed until finally the Drop 2022.