Supreme Court Roundup June 2020

Patent

by Dennis Crouch

The Supreme Court is wrapping up its 2019-2020 term within the next couple of weeks. I’m expecting a decision in the trademark case of USPTO v. Booking.com during this time. [updated].  A second IP case to be decided is Google LLC v. Oracle America, Inc. (copyrightability and fair-use for programming language function calls). However, the court postponed oral arguments until next term (October 2020).  In addition, the court’s actions suggest that it may dismiss the case on procedural right-to-jury-trial grounds.  In particular, the court asked for additional briefing on the standard-of-review for a jury determination regarding fair use.

Prior to the end of June, the court is likely to rule on a number of patent-focused certiorari petitions:

  • Retroactive application of IPR – Due Process + Takings claims. Collabo Innovations, Inc. v. Sony Corporation, No. 19-601; Celgene Corporation v. Peter, No. 19-1074; Enzo Life Sciences, Inc. v. Becton, Dickinson and Company, No. 19-1097; Arthrex, Inc. v. Smith & Nephew, Inc., No. 19-1204
  • Limits on Doctrine of Equivalents. Hospira, Inc. v. Eli Lilly and Company, No. 19-1058; Dr. Reddy’s Laboratories, Ltd. v. Eli Lilly and Company, No. 19-1061; CJ CheilJedang Corp. v. International Trade Commission, No. 19-1062.
  • Eligibility. The Chamberlain Group, Inc. v. Techtronic Industries Co., No. 19-1299.
  • Undermining Prior Final Judgments with IPR decisions. Chrimar Systems, Inc., v. Ale USA Inc., No. 19-1124.
  • Mootness of ITC case regarding expired patent. Comcast Corporation, v.  ITC, No. 19-1173.
  • Thryv follow on – likely to be dismissed. Emerson Electric Co. v. SIPCO, LLC, No. 19-966.

In addition, petition-stage briefing is ongoing in a handful of patent cases.

  • Right to Jury Trial to set ongoing Royalty Rate. TCL Communication Technology Holdings Limited, v. Telefonaktiebolaget LM Ericsson, No. 19-1269.
  • Standard for Prevailing Party in voluntary dismissal. B.E. Technology, L.L.C. v. Facebook, Inc., No. 19-1323.
  • 271(g) Elements of Infringement. Willowood, LLC, et al. v. Syngenta Crop Protection, LLC, No. 19-1147.