Supreme Court Update: June 2024

The US Supreme Court’s October 2023 term will come to a close later this month.  The patent side has not seen much action in terms of new cases. 27 IP-related petitions for writ of certiorari have been filed during this time. Of those 23 have been denied. Four recently filed petitions are still pending. In each of the remaining cases, respondent has indicated that it will be filing a brief.

  • Cellect, LLC v. Vidal (23-1231): Whether a patent procured in good faith can be invalidated for obviousness-type double patenting when the improper term extension is due to Patent Term Adjustment.  NYIPLA amicus in support; USPTO responsive brief due: July 22, 2024.
  • Chestek PLLC v. Vidal (23-1217): Whether the USPTO is exempt from notice-and-comment requirements when exercising its rulemaking power under 35 U.S.C. § 2(b)(2). USPTO responsive brief due: July 15, 2024.
  • Eolas Technologies Inc. v. Amazon.com, Inc. (23-1184): Patent eligibility issues. Responsive brief due: July 31, 2024.
  • Surti v. Fleet Engineers, Inc. (23-1142): Pro se patent owner focused on DoE as well as tortious interference. Responsive brief due: July 22, 2024.

I’ve listed these in what I see as the most to least likely grant.  Cellect is of particular interest as debates over double patenting continue. Based upon the timing of the briefs, a certiorari decision won’t come until the Fall.

4 thoughts on “Supreme Court Update: June 2024

  1. 2

    I would be absolutely floored if the Court took a pro se patent case. It might be the first ever.

    Kyle Persaud, Pro Se Litigants in the U.S. Supreme Court: How Do They Fare?, 55 ST. MARY’S L.J. 61 (2024).
    Available at: link to commons.stmarytx.edu

  2. 1

    I would guess that none of these are granted.

    1. 1.1

      My guess is that Chestek v. Vidal might gain some interest as it could be used as a check against the ‘administrative state.’

      The rest have little chance as they involve inventors being wronged and inventors are a disfavored class at the Supreme Court.

    2. 1.2

      Presumably, SCOTUS will want to leave some space on the docket for the inevitable emergency Trump-law cases coming this summer.

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