by Dennis Crouch
Following up on my September 29 post covering the patent and trademark cases at the Supreme Court's long conference, the Court released its order list on October 6, 2025, and the results are in. All patent cases denied.
The Court denied certiorari in all four patent cases that were decided:
- Purdue Pharma v. Accord Healthcare (No. 24-1132) - nexus requirements for objective indicia of non-obviousness
- Lavery v. Pursuant Health (No. 24-1311) - post-expiration royalty payments under Brulotte and Kimble
- R.J. Reynolds v. Altria (No. 25-158) - "built-in apportionment" exception to Garretson damages rules
- USAA v. PNC Bank (No. 25-149) - APA review of PTAB IPR decisions (Justice Alito recused)
Two notable absences: MSN Pharmaceuticals v. Novartis (No. 25-225) The Entresto case focusing on failure to describe after-arising technology; and Gesture Technology v. Apple (Nos. 24-1280, 24-1281) PTAB jurisdiction over expired patents. These cases were originally scheduled for the Long Conference, but were delayed by the Court's request for response the respondents. Briefing is ongoing and we'll get a cert decision later this fall.
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