SCOTUS on Patents: Critical Issues at the Doorstep of the Supreme Court
1h
Created on September 15, 2022
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Overview
In the first couple of decades following the 1982 creation of the Federal Circuit, the U.S. Supreme Court largely deferred to the perceived expertise and growing body of patent law jurisprudence being developed by that specialized Court of Appeals. In the two decades since, the Supreme Court has mounted ever-increasing incursions and inventions into patent law, in some instances upending decades of settled case law on issues such as patent eligibility, while at other times simply remolding the Federal Circuit's bright-line tests into softer totality-of-the-circumstances inquiries, all with an eye on returning patent law to its perceived roots in historical Supreme Court precedent.
In the current term, three key patent law issues sit at the doorstep of the U.S. Supreme Court, pending certiorari. In this presentation, litigator and patent attorney Aaron Pereira will lead a high-level review of these areas of patent law, focusing both on what is before the Supreme Court, and on the impact that the Court's action (in inaction) in these areas would have on the practice of patent prosecution, litigation, and related business transactions.
This program is geared toward IP counsel, both in-house and external, but should also benefit anyone with an interest in emerging issues in critical issues affecting patent law and technology as they come up in front of the Supreme Court.
Learning Objectives:
Discuss the Section 101 patent eligibility issues that have been up before the Supreme Court in recent years, including the issues that the Court recently chose not to review, and the likelihood of near-term Supreme Court changes to the law of patent eligibility
Explain the current status of Section 112 enablement and a written description of case law and the critical issues pending certiorari at the Supreme Court, along with a long-term view of how these issues will shape patent procurement and litigation in the next decade
Identify the practice of "skinny labeling," by which generic drug makers attempt to avoid infringement by carving out patented indications from their drug labels and learn how that practice is potentially imperiled by the Federal Circuit's current jurisprudence, and evaluate the likelihood and potential outcomes of Supreme Court review in this space
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