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 justices met for their September 26 conference. They issued orders from this conference on Thursday. The court granted certiorari in nine cases, consolidating two. The October sitting will begin on October 3; the argument calendar for that sitting is available on the court's website.
Bank of America Corp. v. City of Miami (1) Whether, by limiting suit to “aggrieved person[s],” Congress required that a Fair Housing Act plaintiff plead more than just Article III injury-in-fact; and (2) whether proximate cause requires more than just the possibility that a defendant could have foreseen that the remote plaintiff might ultimately lose money through some theoretical chain of contingencies.
Moore v. Texas (1) Whether it violates the Eighth Amendment and this Court’s decisions in Hall v. Florida and Atkins v. Virginia to prohibit the use of current medical standards on intellectual disability, and require the use of outdated medical standards, in determining whether an individual may be executed.
Pena-Rodriguez v. Colorado Whether a no-impeachment rule constitutionally may bar evidence of racial bias offered to prove a violation of the Sixth Amendment right to an impartial jury.
BeavEx Inc. v. Costello Whether the Federal Aviation Administration Authorization Act preempts generally-applicable state laws that force motor carriers to treat and pay all drivers as “employees” rather than as independent contractors.