The Supreme Court has scheduled votes for September 26, 2016, to decide whether to grant certiorari in MCM Portfolio LLC v. Hewlett-Packard Co., Supreme Court No. 15-1330m and Cooper v. Lee, Supreme Court No. 15-955.
Each case presents a Constitutional challenge to post-grant review procedures at the Patent Office, here, in the context of Inter Partes Review. If certiorari is granted in either case, briefing would take place through the Fall and a merits hearing would be expected in early 2017. A decision would be forthcoming before the end of June 2017.
The two cases are considered in the attached Top Ten Patent Cases.