Until today, a host of patent cases have been pending before the Supreme Court -- hanging onto the coattails of Oil States. Following full affirmance of the IPR regime, the Supreme Court has now denied certiorari in those cases. The one additional case that was ripe-for-certiorari in the most recent Conference is PNC Bank National Association v. Secure Axcess, LLC, No. 17-350. The court issued no order in that case -- suggesting that it may be up for further consideration. In PNC, the substantive question is "whether . . . CBM review requires that the claims of the patent expressly include a 'financial activity element?'"
CBM Review Keeps its Narrow Scope: Narrowly Surviving En Banc Challenge
As far as I know, all of the Oil States follow-on cases denied today involved a patent whose claims had been cancelled by the PTAB. In those cases, all appeals have now seemingly been exhausted.
Cases where Certiorari was Denied:
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