Three Top Ten Supreme Court patent case decisions on grant of certiorari are expected before the end of this month (on either June 20 or 27):
In No. (1) Impression Products, Inc. v. Lexmark International, Inc., Supreme Ct. No. 15-1189, petitioner challenges the denial of international patent exhaustion in Lexmark Int’l, Inc. v. Impression Prods., Inc., 816 F.3d 721 (Fed. Cir. 2016)(en banc)(Taranto, J.)(cert. decision as early as June 20, 2016)
In No. (2) Sequenom, Inc. v. Ariosa Diagnostics, Inc., Supreme Court No. 15-1182, petitioner questions Ariosa Diagnostics, Inc. v. Sequenom, Inc., 788 F.3d 1371 (Fed. Cir. 2015), the issue is whether a method to determine the presence in a blood sample of a known substance (here, DNA) is patent-eligible under 35 USC § 101 where that substance, as such, is known and not in any event patent-eligible (cert. decision as early as June 27, 2016).
No. (7) Life Techs. Corp. v. Promega Corp., Supreme Court No. 14-1538, questions Promega Corp. v. Life Techs. Corp., 773 F.3d 1338 (Fed. Cir., 2014)(Chen, J.), as to whether the appellate tribunal erred in holding that supplying a single, commodity component of a multi-component invention from the United States is an infringing act under 35 U.S.C. § 271(f)(1) ***.” (cert. decision as early asJune 20, 2016).
If certiorari is granted in any of the cases, briefing would take place over the summer; an argument would likely take place by this coming Winter, and a decision on the merits would be issued before the next Term closes at the end of June 2017.
Details are provided in the attached Top Ten Patent Cases.