Issue: (1) Whether a computer software manufacturer
may be liable for direct infringement of a patent drawn
to computer instructions where the software, as
shipped, does not contain sufficient instructions to perform
the claimed operations; (2) whether flaws in an expert’s methodology may
be raised as part of a challenge to the sufficiency of the
evidence or only to the testimony’s admissibility; and (3) whether a patent infringement action should
be stayed where the Patent Trial and Appeal Board has
declared invalid all patent claims at issue in the infringement
action and the defendant, which sought
such review at the first opportunity, might otherwise
be compelled to pay an enormous damages judgment
and be subjected to a permanent injunction on the basis
of the invalid claims.
On Monday the Court issued orders from its April 17 Conference, which Lyle reported on. On Tuesday at 10 a.m. we expect one or more opinions in argued cases. We will be live-blogging at this link . The Court has not yet announced whether there will be additional opinion announcements on Wednesday. This is the first week of the April sitting.
Glossip v. Gross The constitutionality under the Eighth Amendment of using a sedative as the first drug in a death penalty protocol.