News & Analysis as of July 28, 2025

Patent Litigation

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The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term. The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -

U.S. Supreme Court Invites Solicitor General to Submit Briefing on "Skinny Labels"

Jones Day on 7/1/2025

On June 23, 2025, the Supreme Court invited the Solicitor General to submit a brief expressing the views of the United States—dramatically increasing the likelihood that the Court will eventually grant review—in Hikma...more

Supreme Court on Section 101 Patent Eligibility: Thanks But No Thanks

Holland & Knight LLP on 5/24/2023

The U.S. Supreme Court conferred on two patent eligibility cases last week. And, if you are like me, you did not sleep a wink while anxiously awaiting the Court's decision. But if you're reading this, you likely already know...more

Solicitor General Weighs in on Patent Eligibility Question

McDonnell Boehnen Hulbert & Berghoff LLP on 5/4/2023

The Solicitor General, responding to a call from the Supreme Court for the government’s views, in April filed a brief directed to the proper legal standard for the “abstract idea” exception to patent eligibility under 35...more

American Axle: After Solicitor General Weighs In, Neapco Responds and Court Sets Conference

Holland & Knight LLP on 6/10/2022

I first wrote on American Axle back in 2019. Nearly three years and dozens of hits for "American Axle" on hklaw.com later, we'll finally get an answer to whether the U.S. Supreme Court will hear another Section 101 dispute....more

Supreme Court Requests View of Solicitor General in American Axle v. Neapco

McDonnell Boehnen Hulbert & Berghoff LLP on 5/4/2021

Today, the Supreme Court requested the views of the Solicitor General in its consideration of American Axle's certiorari petition, which asks the Court to reverse the Federal Circuit's decision in American Axle & Mfg. v....more

Infringement Liability for US Products Sold Abroad: Could Supreme Court Reverse CAFC?

Polsinelli on 12/22/2017

A case currently pending petition to the United States Supreme Court could further define the scope of potential patent infringement liability for U.S. based companies that sell products intended to be used abroad. If the...more

Biosimilars: Supreme Court Grants Certiorari in Amgen v. Sandoz

Fenwick & West Life Sciences Group on 1/23/2017

On Friday, January 13, the Supreme Court granted certiorari in Amgen v. Sandoz (Nos. 15-1039 & 15-1195). The Supreme Court originally deferred its decision on the parties’ certiorari petitions in order to consider the...more

Supreme Court Defers Certiorari Decision In Amgen Sandoz Biosimilar Patent Dance Dispute

Foley & Lardner LLP on 6/21/2016

On June 20, 2016, instead of deciding whether to grant certiorari in the biosimilar patent dance dispute between Amgen and Sandoz, the Supreme Court invited the Solicitor General “to file a brief in this case expressing the...more

Supreme Court asks SG for views on Sandoz, Amgen petitions: Analysis and Next Steps

Goodwin on 6/21/2016

As we posted on June 20, the Supreme Court has invited the Solicitor General to file briefs regarding the Sandoz v. Amgen and Amgen v. Sandoz petitions for certiorari. Below we provide further analysis and commentary on the...more

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Supreme Court of the United States › Solicitor General › Patent Litigation

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