Earlier this year, the Supreme Court issued orders to the Solicitor General to weigh in on whether or not the Court should grant cert. in two high profile Fed. Cir. decisions: Hikma Pharm. USA Inc, v. Vanda Pharm. Inc., No. 18-817, and HP Inc. v. Berkheimer (18-415). The SG has responded by filing two amicus briefs to the Court. Each brief argues that cert. should be denied since, in the SG’s opinion, both Vanda and Berkheimer were correctly decided. The SG’s opinions argue that, in the case of Vanda, methods of medical treatment have long been found to be patent eligible (Vanda) and that the question presented in Berkheimer – whether or not s. 101 inquiries involve questions or law or of fact – is not ripe for consideration, since the parties are still arguing over whether or not the invention is patent-eligible in the first place.
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This blog, Patents4Life, does not contain legal advice and is for informational purposes only. Its publication does not create an attorney-client relationship nor is it a solicitation for business. This is the personal blog of Warren Woessner and does not reflect the views of Schwegman Lundberg & Woessner, or any of its attorneys or staff. To the best of his ability, the Author provides current and accurate information at the time of each post, however, readers should check for current information and accuracy.