Tag Archives: Oil States

Cert Denied in Oil States Follow-On Cases

Patent,

Until today, a host of patent cases have been pending before the Supreme Court -- hanging onto the coattails of Oil States. Following full affirmance of the IPR regime, the Supreme Court has now denied certiorari in those cases.  The one additional case that was ripe-for-certiorari in the most recent Conference is PNC Bank National Association  v. Secure Axcess, LLC, No. 17-350.  The court issued no order in that case -- suggesting that it may be up for further consideration.  In PNC, the substantive question is "whether . . . CBM review requires that the claims of the patent expressly include a 'financial activity element?'"

CBM Review Keeps its Narrow Scope: Narrowly Surviving En Banc Challenge

As far as I know, all of the Oil States follow-on cases denied today involved a patent whose claims had been cancelled by the PTAB.  In those cases, all appeals have now seemingly been exhausted.

Cases where Certiorari was Denied:  

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Three Supreme Court Petitions: Teaching Away, Eligibility, Affirmed Without Opinion

Patent,

Nidec Motor Corp. v. Zhongshan Broad Ocean Motor Co., Ltd., Supreme Court Docket No. No. 17-751.

  1. Whether the Federal Circuit has erred in holding that, for the purposes of an obviousness determination under 35 U.S.C. § 103(a), a reference “teaches away” from a proposed combination only if it expressly “criticize[s], discredit [s], or otherwise discourage[s]” the proposed combination.
  2. Whether inter partes review ...  violates the Constitution by extinguishing private party rights through a non-Article III forum without a jury. (Copy of Oil States Question)

Nidec Petition.

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