The October 2016 Term of the Supreme Court that runs through June 2017 promises to be one of the busier years for the Court in patent cases.
Three Cases up for Merits Argument: Even before the Supreme Court opens its doors for the October session, it has granted certiorari in three cases, Samsung v. Apple (Design Patent Damages); SCA Hygiene v. First Quality Baby Prods. (Laches, Federal Circuit case law); and Life v. Promega (Active Inducement (§ 271(f)(1)). First up for oral argument will beSamsung v. Apple that will be argued October 11, 2016.
Two Cases Awaiting CVSG Briefing by the Solicitor General: Outstanding orders for briefing by the Solicitor General are found in Impression Products v. Lexmark (international patent exhaustion); andSmithKline Beecham v. King Drug (antitrust “reverse payment”).
The Right to Amend in Post Grant proceedings: Attached is the latestTop Ten Patent Cases which now includes Top Ten No. (10) In re Aqua Products, where the Court has granted en banc reconsideration as to when a patentee has a right to amend in post-grant proceedings.