The Supreme Court also denied cert in Tyco v. Ethicon (15-115) (under pre-AIA law, does prior conception under 102(g) count as prior art under 103(a)?) and denied the certiorari rehearing request in Netairus v. Apple (14-1353) (when does a device infringe a method claim?).
= = = = =
Coming up this month for consideration by the court:
- Fivetech Technology Inc. v. Southco, Inc., No. 15-381 (what is the proper role of intrinsic evidence in claim construction?)
- Allvoice Developments US, LLC v. Microsoft Corp., No. 15-538 (is software stored on a computer-readable medium a “manufacture” under Section 101?)
- OIP Technologies, Inc. v. Amazon.com, Inc., No. 15-642 (do the rules of civil procedure apply when defendant raises a Section 101 eligibility “defense” in a motion-to-dismiss for failure to state a claim upon which relief can be granted?)