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.
Litigation
- What I’ll Be Watching for in the Amgen Oral Arguments
- A Dog’s Day in Court: Implications of the ‘Bad Spaniels’ Arguments on Parody Determinations and Noncommercial Use
- SCOTUS Skeptical that Bad Spaniels is Parody, But Questions Need to Overturn Rogers
- Justices Seek Abitron Parties’ Help in Articulating Bounds of Extraterritorial Application of Lanham Act
- U.S. Taxpayers Should Not Be Paying for Private Patent Infringement
Recent Posts
- What I’ll Be Watching for in the Amgen Oral Arguments
- A Dog’s Day in Court: Implications of the ‘Bad Spaniels’ Arguments on Parody Determinations and Noncommercial Use
- Other Barks & Bites for Friday, March 24: Non-DOCX Fee Delayed Further; SCOTUS Petition Says Hirshfeld’s Review of PTAB Decision Violated Federal Vacancies Reform Act; Moderna CEO Grilled by Senate Committee over COVID Vaccine Price Hike
- Bayh-Dole Opponents Slam-Dunked Once Again
- SCOTUS Skeptical that Bad Spaniels is Parody, But Questions Need to Overturn Rogers