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.
Recent Posts
- Other Barks and Bites for Friday, January 17: Teva Files IRA Challenge Amid Second Round of Medicare Negotiations; Ninth Circuit Says Kinetic Sculptures Can Be Sufficiently ‘Fixed’ for Copyright; USPTO Publishes Inventorship FAQs for AI-Assisted Inventions
- USPTO Fee Report: Discounts Don’t Cut It for Incentivizing New Patent Participants
- Federal Circuit Splits on Whether Toddler Tub May Infringe
- CAFC Rules Patent Applications are Considered Pre-AIA Prior Art By Filing Date, Not Publication Date
- The Biden Administration Rolls the Dice on NIH Patent Licensing