Not Eligible: Supreme Court Denies All Pending Subject Matter Eligibility Petitions

The Supreme Court has greatly simplified the patent docket by denying certiorari in 10+ cases.  Gone are GEA Process (IPR termination decision), Amphastar (scope of 271.e safe harbor) , Commil (appellate disregard of factual evidence), MacDermid (obvious combination), Jericho (Abstract Idea) , Trading Technologies (mandamus challenging CBM initiation), Tobinick (interference), Neev (arbitrator autonomy), Genetic Tech (eligibility), Essociate (eligibility), Dreissen, and Pactiv (ex parte reexamination procedure).   Notably, all of the eligibility petitions have been denied.

The constitutional challenges of MCM and Cooper are the only cases that particularly survived the Court’s latest culling. Those cases have been relisted for consideration at the next conference (October 7). However, there is some chance that the court is simply waiting for Square’s responsive brief due October 12.  Meanwhile, on October 11, the court will hear oral arguments in Samsung v. Apple.