Earlier today in Top Ten No. (1) Impression Products, Inc. v. Lexmark International, Inc., Supreme Ct. No. 15-1189, the Court issued a CVSG order, asking the Solicitor General to provide the views of the United States as to whether certiorari should be granted. 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.).
There is no time limit as to when the CVSG brief must be filed. Most likely, the CVSG brief will be filed later this year, after which the Court will vote whether to grant certiorari.