Supreme Court Patent Law Outlook 2022

by Dennis Crouch

For the initially time given that 2008, the Supreme Court’s Oct 2021 time period will arrive to a close without having any patent decisions.  I have included a chart under, but need to take note that there is some debate all over the edges about what constitutes a “patent selection.” In this article is my listing: SCTPatentCases.

In addition, the Court docket has also not granted writ of certiorari in any pending scenarios. So, it is entirely doable that the Oct 2022 expression will appear and go without the need of any patent choices.  The only IP centric scenario that has been granted certiorari is Andy Warhol Basis for the Visual Arts, Inc. v. Goldsmith, reviewing a Second Circuit copyright selection on the challenge of transformative good use.

Nonetheless, there are a selection of crucial pending petitions that could also be transformative in the patent law assemble, which includes 4 instances with exceptional calls for the views of the Solicitor General (CVSG).  I have divided the pending situations into three typical categories:

Patentability:

• Eligibility less than Part 101: American Axle & Production, Inc. v. Neapco Holdings LLC, et al., No. 20-891 (CVSG asked for May perhaps 3, 2021) Also, Common Protected 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 Method for the Enablement Need: Amgen Inc., et al. v. Sanofi, et al., No. 21-757 (CVSG requested April 18, 2022)

Infringement and Damages:

• Do Improved Damages Involve “Egregious Behavior”: Cisco Methods, Inc. v. SRI Global, Inc., No. 21-1267.

Treatment:

• Prior art in Inter Partes Assessment: Baxter Corporation Englewood v. Becton, Dickinson and Company, No. 21-819 (use of skilled testimony to fill gaps in the prior art).
• Applying Assert Development to Undermine Jury Decisions: Olaf Sööt 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 Incorporated, No. 21-746 (CVSG requested February 22, 2022) also Apple Inc. v. Qualcomm Incorporated, No. 21-1327.
• Res Judicata and the Patent-Precise 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 proper situation).

Most of these petitions will be decided by the finish of June 2022, although the circumstances awaiting Gov’t amicus brief will very likely be delayed until finally the Drop 2022.