High Court Won't Hear Case Over Patent Review Standard

Law360 (February 22, 2021, 5:55 PM EST) -- The U.S. Supreme Court won't consider whether the Federal Circuit used the correct standard to review an issue of patent invalidity.

The justices on Monday shot down a petition from GS CleanTech Corp., which asked the high court to take up its appeal of a Federal Circuit decision affirming that its patents were invalid under the on-sale bar, which prohibits an invention from being patented if it was sold a year before the patent filing. The justices did not give any rationale behind the denial.

"We are pleased that the Supreme Court has declined review of this case," Keith D. Parr, an attorney for...

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