At 9:30 a.m. on Monday we expect ... (click to view)
Editor's Note :
At 9:30 a.m. on Monday we expect additional orders from the Court's November 25 Conference. On Tuesday, December 2, we expect one or more opinions in argued cases; we will begin live blogging shortly before 10:00 a.m.
SAP America, Inc. v. Versata Software, Inc.
Petition for certiorari denied on January 21, 2014
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.
How to prepare for oral argument; answering the questions asked; and the (limited) relation of ideas of Justices, the Court, and jurisprudence to the reality of oral argument. “Just the way they say, ‘Battle plans never survive contact with the enemy,’ oral argument plans never survive contact with the Court.” In this six-part interview, Eric Schnapper — […]
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