"Following up on my September 29 post covering the patent and trademark cases at the Supreme Court's long conference, the Court released its order list on October 6, 2025, and the results are in. All patent cases denied. The Court denied certiorari in all four patent cases that were decided: Purdue Pharma v. Accord Healthcare (No. 24-1132) - nexus requirements for objective indicia of non-obviousness Lavery v. Pursuant Health (No. 24-1311) - post-expiration royalty payments under Brulotte and Kimble"
"R.J. Reynolds v. Altria (No. 25-158) - "built-in apportionment" exception to Garretson damages rules USAA v. PNC Bank (No. 25-149) - APA review of PTAB IPR decisions (Justice Alito recused) Two notable absences: MSN Pharmaceuticals v. Novartis (No. 25-225) The Entresto case focusing on failure to describe after-arising technology; and Gesture Technology v. Apple (Nos. 24-1280, 24-1281) PTAB jurisdiction over expired patents. These cases were originally scheduled for the Long Conference,"
On October 6, 2025 the Supreme Court released an order list and denied certiorari in four patent cases. The denied cases include Purdue Pharma v. Accord Healthcare (nexus requirements for objective indicia of non-obviousness), Lavery v. Pursuant Health (post-expiration royalty payments under Brulotte and Kimble), R.J. Reynolds v. Altria ("built-in apportionment" exception to Garretson damages rules), and USAA v. PNC Bank (APA review of PTAB IPR decisions, with Justice Alito recused). Two cases originally scheduled for the Long Conference—MSN Pharmaceuticals v. Novartis (Entresto, failure to describe after-arising technology) and Gesture Technology v. Apple (PTAB jurisdiction over expired patents)—were delayed for respondent responses and remain under briefing with a cert decision expected later this fall.
Read at Patently-O
Unable to calculate read time
Collection
[
|
...
]