Supreme Court Update: June 2024

The US Supreme Court’s October 2023 term will come to a close later this month.\xa0 The patent side has not seen much action in terms of new cases. 27 IP-related pe،ions for writ of certiorari have been filed during this time. Of t،se 23 have been denied. Four recently filed pe،ions are still pending. In each of the remaining cases, respondent has indicated that it will be filing a brief.

• Cellect, LLC v. Vidal (23-1231): Whether a patent procured in good faith can be invalidated for obviousness-type double patenting when the improper term extension is due to Patent Term Adjustment.\xa0 NYIPLA amicus in support; USPTO responsive brief due: July 22, 2024.
• Chestek PLLC v. Vidal (23-1217): Whether the USPTO is exempt from notice-and-comment requirements when exercising its rulemaking power under 35 U.S.C. § 2(b)(2). USPTO responsive brief due: July 15, 2024.
• Eolas Technologies Inc. v. Amazon.com, Inc. (23-1184): Patent eligibility issues. Responsive brief due: July 31, 2024.
• Surti v. Fleet Engineers, Inc. (23-1142): Pro se patent owner focused on DoE as well as tortious interference. Responsive brief due: July 22, 2024.

I’ve listed these in what I see as the most to least likely grant.\xa0 Cellect is of particular interest as debates over double patenting continue. Based upon the timing of the briefs, a certiorari decision won’t come until the Fall.