On October 3, the U.S. Supreme Court entered an order list in which it denied petitions for writ of certiorari in several cases involving questions under U.S. patent law. In rejecting these appeals, the Supreme Court declined to clarify aspects of the written description requirement under 35 U.S.C. § 112, the patent eligibility standard under the Court’s two-step framework for 35 U.S.C. § 101 subject matter eligibility, and whether institution decisions at the Patent Trial and Appeal Board (PTAB) violate constitutional due process. The Supreme Court did, however, invite the U.S. Solicitor General to file a brief on Teva’s petition challenging the Federal Circuit’s induced infringement ruling over Teva’s “skinny label,” and the Court granted cert in a case that questions whether online platforms face liability for aiding and abetting terrorist acts if they offer services that are used by terrorist organizations.

Full Article Available Here