Pending IP Cert Petitions at the Supreme Court

As the Supreme Court’s 2023 year draws to a close, the court has denied certiorari in the vast majority of IP related cases, with the Dewberry trademark damages case left as the only IP case granted certiorari.  Seven petitions remain undecided and the court will pick them up again when it begins the 2024 term in late September.  This post briefly reviews these cases. I’m listing some cases that I have not previously discussed first.

 I. United Therapeutics Corporation v. Liquidia Technologies, Inc. (Case No. 23-1298)

This case centers on the Federal Circuit’s role in overseeing inter partes review proceedings. Petitioner is challenging the standard of review applied by the Federal Circuit when examining the Patent and Trademark Office’s (PTO) decisions in IPR cases.  Paraphrased issues:

  1. Should the Federal Circuit review the PTO’s reliance on new grounds and new printed publications (not raised in the initial petition) de novo or only for an abuse of discretion when deciding to cancel patent claims?
  2. Should the Court overrule the Chevron deference doctrine?

On the second question, the court is currently considering a Chevron case and is likely to significantly change the doctrine within the next few days.

Continue reading Pending IP Cert Petitions at the Supreme Court at Patently-O.