By Francis C. Lynch (August 21, 2017, 1:36 PM EDT) -- On June 26, 2017, the U.S. Supreme Court invited the solicitor general to file a brief "expressing the views of the United States" on the pending petition for certiorari to review the Federal Circuit's Oct. 7. 2016, en banc decision in Samsung Electronics Co. Ltd. v. Apple Inc. The invitation is known as a "call for the views" of the SG or "CVSG" order and has frequently been used by the court "to select the patent cases that should be heard from the Federal Circuit."[1] First, a brief summary of the obviousness issues presented by the petition is provided.[2] This article then (1) explains why the SG is likely to recommend acceptance of Samsung's position that the Federal Circuit ignored relevant Supreme Court precedent governing combination patents when it upheld the validity of two Apple smartphone patents; and (2) outlines significant changes in obviousness law that would occur if the court follows such a recommendation....
Law360 is on it, so you are, too.
A Law360 subscription puts you at the center of fast-moving legal issues, trends and developments so you can act with speed and confidence. Over 200 articles are published daily across more than 60 topics, industries, practice areas and jurisdictions.
