2020 at the Supreme Court – Lexology

At the beginning of 2020 the Supreme Court appeared poised to take on multiple patent cases, but a series ofcertdenials resulted in only one decision from the High Court in 2020. The Supreme Court avoided entering the Section 101 debate by denyingcertiorarifor a number relevant patent cases includingAthena Diagnostics Inc. v. Mayo Collaborative Services, LLC,No. 19-430 (2020) (IP Update, Vol. 22, No. 2) andChamberlain Group, Inc. v. One World Techs., Inc., No. 19-1299 (2019) (IP Update, Jan. 2020). The Court also deniedcertin various cases relating to whether the America Invents Act (AIA) violates the Takings Clause of the Fifth Amendment, includingCollabo Innovations v. Sony Corp.No. 19-601 (2019) (IP Law Year in Review 2019).

The only patent decision to come from the Supreme Court in 2020 wasThryv, Inc. v. Click-to-Call Techs., LP, 590 US ___ (2020), in which the Court held that 35 USC 314(d) precludes judicial review of the Patent Trial and Appeals Boards (PTAB)application of 315(b)s one-year time bar. The Court largely reiterated its reasoning inCuozzo Speed Techs., LLC v. Lee, 579 US ___ (2016) (IP Update,Vol. 19, No. 7) stating that because the 315(b) time bar is closely tied to the application and interpretation of statutes related to the institution determination, a party may not appeal the PTABs application of the one-year time bar of 315(b). In a lengthy dissent, Justice Neil Gorsuch argued that 314(d)s prohibition on appeal applied only to the subsections under this section of 314, as explicitly stated in the text of the statute, especially given the strong presumption

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2020 at the Supreme Court - Lexology