PUBPAT in the Supreme Court
PUBPAT advocates for sound patent policy before the U.S. Supreme Court.
Supreme Court Briefs
- Mayo Collaborative Services v. Prometheus Laboratories, Patentability of Medical Correlations (filed April 20, 2011) (PDF; 193KB)
- UPDATE: On March 20, 2012, the Supreme Court ruled that the process patent that Prometheus Laboratories had obtained for correlations between blood test results and patient health is not eligible for a patent because it incorporates laws of nature.
- Arkansas Carpenters v. Bayer aka In re Ciprofloxacin Hydrochloride Antitrust Litig., Reverse Payments (filed April 24, 2009) (PDF; 171KB)
- UPDATE: On April 30, 2007, the Supreme Court rendered its decision in the KSR case and held that the Federal Circuit had been determining the obviousness of patents in a narrow and rigid manner that was inconsistent with the statute and Supreme Court precedent. The decision could result in restoration of higher and more certain Supreme Court standards for patentability that the Federal Circuit had been failing to properly apply. The result, if the decision is followed by the Federal Circuit and applied by the U.S. Patent & Trademark Office, will be that innovators will be less likely to find their innovations impeded by undeserved patents, and will need to file fewer defensive patent applications in their effort to protect themselves from patent harm. Both are decidedly in the public interest.
- UPDATE: On May 15, 2006, the Supreme Court agreed with PUBPAT and unanimously reversed the Court of Appeals for the Federal Circuit's previous habit of automatically granting injunctions in patent infringement cases. Instead, the Supreme Court held that the traditional four-factor test for awarding permanent injunctive relief to a prevailing plaintiff applies to disputes arising under the Patent Act. One of the four factors to be considered by a court before granting a permanent injunction in the future is the impact any such injunction will have on the general public. The decision strongly supports the public interest and was welcomed by PUBPAT.
- June 5, 2013: PUBPAT Files Amicus Brief With Supreme Court Arguing Against Injunctions For Patent Infringement
- January 29, 2013: PUBPAT Files Amicus Brief With Supreme Court In FTC v Watson Reverse Payment Pharmaceutical Patent Case
- August 23, 2012: PUBPAT Encourages Supreme Court to Reinstate Case Challenging Invalid Intellectual Property
- April 20, 2011: AARP, PUBPAT ASK SUPREME COURT TO HEAR CASE INVOLVING PATENT ON ON MEDICAL CORRELATION
- April 24, 2009: PUBPAT JOINS BRIEF ASKING SUPREME COURT TO REVIEW LOWER COURT DECISION UPHOLDING EXCLUSION PAYMENTS: Law and Business Professors, AARP and PUBPAT Ask Justices to Hear Case Challenging "Reverse" Payments By Patent Holders to Potential Competitors
- August 22, 2006: PUBPAT, AARP AND PATIENTS NOT PATENTS ASK SUPREME COURT TO PROTECT OBVIOUS COMBINATIONS FROM PATENTS
- December 23, 2005: PUBPAT ASKS SUPREME COURT TO MAINTAIN LIMITS ON PATENTABLE SUBJECT MATTER
- September 30, 2005: PUBPAT FILES BRIEFS WITH SUPREME COURT IN CASES INVOLVING PATENT HOLDERS ELIMINATING COMPETITION