Supreme Court Patent Update for January 2018

by Dennis Crouch The Supreme Court has heard oral arguments in Oil States and briefing is ramping-up in one additional case, WesternGeco, that focuses on lost profit damages for international activities. A fairly large number of petitions for writ of certiorari are pending – however, the questions presented lack diversity.  The vast majority of the pending petitions are Oil States follow-on cases that basically ask whether the post-issuance review proceedings are constitutional.  Other topics of pending petitions: Dealing with ‘evidence’ in eligibility decisions; Limits on ‘teaching away’ in obviousness; apportionment of lost profit damages; assignor estoppel; defining ‘exceptional case’ for attorney fees; and whether the Federal Circuit must issue reasons for its decisions. Eligibility: R+L Carriers, Inc. v. Intermec Technologies Corporation, No. 17-980 (“proving” it is abstract). The Cleveland Clinic Foundation,…

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