Looking ahead to the 2016 Term of the Court that runs through June 2017, seven of the Top Ten Patent Cases are selected in the attached abbreviated list which considers cases where certiorari has already been granted, or where it is expected that the Court will issue a decision whether to grant review before the Summer recess.

Constitutionality of Post Grant PTAB Challenges:  The real sleepers in terms of potential impact are the Constitutional challenges to Inter Partes Review, Cooper v. Lee, Supreme Court No. 15-955, andMCM Portfolio LLC v. Hewlett-Packard Co., Supreme Court No. 15-1330.  A decision whether to grant review is expected in June 2016; the chance of success is bolstered by strong brief writing particularly in one of the cases.

Three Further June Petition DecisionsCertiorari decisions are expected by the end of June 2016 inImpression Products, Inc. v. Lexmark International, Inc., Supreme Ct. No. 15-1189 (international patent exhaustion), and Sequenom, Inc. v. Ariosa Diagnostics, Inc., Supreme Court No. 15-1182 (§ 101 patent-eligibility), as well as Life Techs. Corp. v. Promega Corp., Supreme Court No. 14-1538, which considers whether  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).

Certiorari, Already Granted:  This Fall the Court is expected to entertain merits arguments in Samsung Electronics Co., Ltd. v. Apple Inc., No. 15-777 (the first ever design patent infringement suit under the Evarts Act of 1891), and  SCA Hygiene Prods. Aktiebolag v. First Quality Baby Prods.,LLC, S.Ct. No. 15-927 (laches).  Merits decisions would be expected in 2017.

TopSevenSupemeCourtPatentCases2017

Regards,
Hal