The U.S. Supreme Court will hear a number of pending patent cases at the start of its fall 2018 term.
Law360 provided an overview, “Patents at the High Court: What to Watch in the New Term,” and spoke to Shook Partner Sharon Israel about the cases which include the “reach of inequitable conduct and constitutional challenges to the Patent Trial and Appeal Board.”
In Regeneron Pharmaceuticals v. Merus NV, the Court will decide whether the Federal Circuit's decision to find a patent decision unenforceable due to inequitable conduct was proper because the decision was based on actions that occurred during litigation over the patent.
“That’s a little bit concerning that litigation conduct is being used as evidence of intent to deceive before the office,” Israel told Law360. “To me, that seems to be getting way outside of what inequitable conduct findings normally entail.”
The justices will consider the case at their September 24. 2018 conference. Israel is a Fellow of the American Intellectual Property Law Association.