Villena v. Iancu (Supreme Court Dkt. No. 18-1223), which is the 43rd patent eligibility case to be considered for certiorari since the notorious Alice Corp. decision, was denied cert. on June 10. Villena would have been the 45th patent eligibility case to be considered for certiorari, but the Supreme Court kicked the can over to the Solicitor General for both Vanda Pharmaceuticals and Berkheimer, which happen to be Alice/Mayo cases in which the Federal Circuit held the inventions at issue to be patent eligible. That’s no coincidence. The rough probability of waiting through 43 petitions outlining the capricious decisions from the lower courts before the Supreme Court might generate a “yes” to certiorari is well-above one standard deviation and approaching two standard deviations. It is beyond evident that the Supreme Court refuses to clean up its own mess and will continue to do so for the indefinite future.
- Petition Seeks Rare En Banc Review to Clarify Whether PTAB Can Overrule Article III Courts
- Other Barks & Bites, Friday, October 18: USPTO Updates Subject Matter Eligibility Guidelines, China Receives Half of 2018 Global Patent Filings, US Inventor to Host Rally
- Professors Brief Capitol Hill Staffers on Proposal to Weed Out ‘Bad Patents’
- PTAB Invalidates Nasdaq Patent Claims on Automated Securities Trading in Series of CBMs
- How Foreign Patent Infringers Are Subject to Jurisdiction in the United States