by Dennis Crouch
As January 2026 wraps up, I wanted to take a fresh look at the Supreme Court patent docket. The centerpiece is Hikma v. Amarin after the Court granted certiorari on January 16, 2026. Hikma focuses on the doctrine of inducement - and particularly on how the patent doctrine fits with the Hatch-Waxman Act's skinny label provisions. The Court previously looked at Skinny Label litigation almost fifteen years ago in Caraco Pharmaceutical Laboratories, Ltd. v. Novo Nordisk A/S, 566 U.S. 399 (2012). That earlier case addressed the Hatch-Waxman counterclaim provisions but did not resolve when a generic manufacturer's marketing conduct crosses the line into inducement. Several other petitions have attracted Court attention through "Response Requested" orders, including cases challenging the Federal Circuit's Section 101 jurisprudence and the scope of prior art available in inter partes review proceedings.
The docket's composition reflects persistent tensions in patent law. Three petitions have received orders requesting responses from parties who initially waived their right to respond: United Services Automobile Association v. PNC Bank N.A., No. 25-853 (abstract idea eligibility); Agilent Technologies, Inc. v. Synthego Corp., No. 25-570 (prior art enablement); and Lynk Labs, Inc. v. Samsung Electronics Co., No. 25-308 (printed publications in IPR), which has attracted a number of amicus briefs. Two petitions are scheduled to be decided at the February 20, 2026 conference, and two others are on deck - having received extensions of time to file. Two interesting trademark cases pending before the court include RiseandShine Corp. v. PepsiCo, Inc., No. 24-1016, asking whether trademark strength is a question of fact; and Curtin v. United Trademark Holdings, Inc., No. 25-435, which focuses on standing to oppose trademark registrations.