Voting after Friday’s conference, the Supreme Court followed the Solicitor General’s advice and denied certiorari in Hikma Pharmaceuticals USA Inc. v. Vanda Pharmaceuticals Inc. (No. 18-817), but also denied cert. in Athena Diagnostics, Inc. v. Mayo Collaborative Services, LLC (No. 19-430), and HP Inc. v. Berkheimer (No. 18-415).
Perhaps the Court has decided its work with 35 USC § 101 is done, and the rest is up to Congress.
Disclaimer
This blog is made available by Foley & Lardner LLP (“Foley” or “the Firm”) for informational purposes only. It is not meant to convey the Firm’s legal position on behalf of any client, nor is it intended to convey specific legal advice. Any opinions expressed in this article do not necessarily reflect the views of Foley & Lardner LLP, its partners, or its clients. Accordingly, do not act upon this information without seeking counsel from a licensed attorney. This blog is not intended to create, and receipt of it does not constitute, an attorney-client relationship. Communicating with Foley through this website by email, blog post, or otherwise, does not create an attorney-client relationship for any legal matter. Therefore, any communication or material you transmit to Foley through this blog, whether by email, blog post or any other manner, will not be treated as confidential or proprietary. The information on this blog is published “AS IS” and is not guaranteed to be complete, accurate, and or up-to-date. Foley makes no representations or warranties of any kind, express or implied, as to the operation or content of the site. Foley expressly disclaims all other guarantees, warranties, conditions and representations of any kind, either express or implied, whether arising under any statute, law, commercial use or otherwise, including implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Foley or any of its partners, officers, employees, agents or affiliates be liable, directly or indirectly, under any theory of law (contract, tort, negligence or otherwise), to you or anyone else, for any claims, losses or damages, direct, indirect special, incidental, punitive or consequential, resulting from or occasioned by the creation, use of or reliance on this site (including information and other content) or any third party websites or the information, resources or material accessed through any such websites. In some jurisdictions, the contents of this blog may be considered Attorney Advertising. If applicable, please note that prior results do not guarantee a similar outcome. Photographs are for dramatization purposes only and may include models. Likenesses do not necessarily imply current client, partnership or employee status.
Author(s)
Related Insights
March 16, 2026
Energy Current
One Big Beautiful Bill (“OB3”) and FEOC: Current Considerations for Debt Financings
The One Big Beautiful Bill Act (the “Act”), passed in July 2024, and related recent additional guidance, has created ripple effects…
March 16, 2026
Blogs
California’s Proposed 2026 Billionaire Tax Act: What You Need to Know
California voters could see a new billionaire wealth tax initiative on the November 2026 ballot. If enacted, the statewide ballot initiative – Initiative No.25-0024 – would impose a one‑time wealth tax on California residents with at least $1 billion in net worth. While the measure faces political and legal headwinds, impacted taxpayers and their advisors should continue monitoring the initiative’s progress, to not be caught unprepared should it be enacted. For advisors and taxpayers outside of California, the 2026 Billionaire Tax deserves attention, as it may inspire similar legislation in other jurisdictions.
March 13, 2026
Innovative Technology Insights
Increased Flexibility for Graphical User Interface Design Patent Applicants
On March 12, 2026, the U.S. Patent and Trademark Office ("USPTO") released new guidance that updates prior USPTO practice guidelines for the examination of design patent applications for computer-generated interfaces, commonly known as graphical user interfaces ("GUIs") and icons. In response to the evolution of computer technology, the USPTO highlighted additional design patent subject matter and eliminated historical drawing requirements to increase flexibility for applicants in the GUI space.