Supreme Court

Law360 published an article (cached - private) identifying cases that might be taken up by the Supreme Court in 2022:

• Eligibility: American Axle v. Neapco. In response to an en banc petition, the Fed. Cir. issued 100+ pages of rulings, leaving panel decision in place. On appeal to the S.Ct., the Justices, in May, asked for the solictor general to file a brief which is yet to be submitted.
  • Track
  • Update: Petition denied 6/30/22
• Kessler Doctrine/patent exceptionalism: PersonalWeb v. Patereon.
  • Track
  • Update: Petition denied 05/16/22
• Fintiv Rule: Apple v. Hirschfeld; Apple v. Optis; Mylan v. Janssen; Intel v. VLSI.
  • Track Apple v. Optis
  • Update: Petition denied 01/18/22
• Inducement/“skinny labels”: GlaxoSmithKline v. Teva. The Fed. Cir. is pondering an en-banc petition.
  • Track
  • En banc petition
  • Detailed analysis
  • Update: Petition for en banc review denied 08/05/21.