Supreme Court today denied certiorari in two patent cases:
- Fast 101 Pty. Ltd. v. Citigroup Inc., No. 20-1517 (patent eligibility)
- Comcast Cable Communications, LLC v. Promptu Systems Corporation, No. 20-1220 (Arthrex related, but the SCT petitioner is the patent challenger party who initiated the IPR in the first place).
The court has not yet granted certiorari for any patent cases for next term. There are a few interesting ones pending that should get an up/down vote (or CVSG) in the next couple of weeks:
- Patent Eligibility: NetSoc, LLC v. Match Group, LLC, No. 20-1412;
- Obviousness: Amarin Pharma, Inc., et al. v. Hikma Pharmaceuticals USA Inc., No. 20-1119;
- Attorney Fees: Roadie, Inc. v. Baggage Airline Guest Services, Inc., No. 20-1420;
- Civil Procedure: Rick C. Sasso v. Warsaw Orthopedic, Inc., No. 20-1452; Warsaw Orthopedic, Inc., et al. v. Rick C. Sasso, No. 20-1284.
There is also a pair of cases pending certiorari involving Obamacare reimbursement that could be big $$$$. United States v. Maine Community Health Options, No. 20-1432; Common Ground Healthcare Cooperative v. United States, No. 20-1200; United States v. Common Ground Healthcare Cooperative, No. 20-1536.
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I should mention that we are still awaiting two merits decisions that should be released by the end of June 2021.
- Arthrex (proper appointment of PTAB judges)
- Minerva (assignor estoppel)