I wanted to add a quick update here on pending Supreme Court cases.
The court has denied cert in two cases: SurfCast v. Microsoft (25-555) (R.36 case) and Vetements v. Stewart (25-215) (international translation in trademarks). Most notably, it redistributed the skinny label case of Hikma v. Amarin (24-889) to its January 16 - a signal typically seen as increasing the likelihood of grant. Several other patent cases remain in various stages of briefing, with one presenting an unusual procedural posture.
Hikma's redistribution follows the traditional trajectory toward certiorari. The case asks whether a generic drug manufacturer that fully carves out patented uses from its FDA-approved label can face induced infringement liability based on marketing statements and publicly available information about the branded product. The Solicitor General filed a supportive brief in December 2025 recommending that the Court grant review, arguing that the Federal Circuit's approach creates uncertainty about the scope of protection the Hatch-Waxman framework provides for skinny-label generics. See Dennis Crouch, Label-Plus Liability: The Government Warns the Federal Circuit Misread Hatch-Waxman, Patently-O (Dec. 2025). Cases receiving favorable CVSG responses historically have high grant rates, and redistribution to a second conference further increases the odds.