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Ask the author: Floyd Abrams & his fighting faith – Ronald Collins

Survey results – Amy Howe

Opinion recap: Justices firmly validate patent rights to genetically modified seeds – Ronald Mann

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Calendar: May 2013

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Conference of May 16

Our most recent Stat Pack can be found here (published May 3, 2013). Previous editions of the Stat Pack can be found at the Stat Pack archive.

October	November	December	January	February	March	April
Kiobel	Kirtsaeng	Phoebe	Descamps	Millbrook	Arizona	Myriad
Lozman	Clapper	Vance	Std. Fire	Bowman	Bullock	Davila
Kloeckner	Jardines	U.S. Airways	Wos	McBurney	Cloer	Baby Girl
Bormes	Harris	Henderson	Gabelli	PPL Corp.	Mutual	Am. Truck.
Johnson	Chaidez	Genesis	McNeely	McQuiggin	Horne	Salinas
Ark. Game	Bailey	Decker	Maracich	Trevino	Dan’s	Kebodeaux
Ryan	Amgen	Auburn	~~Boyer~~	Peugh	Oxford	Hillman
~~Tibbals~~	Comcast	LA County	Alleyne	King	Watson	AID
Fisher	Evans	Chafin	Koontz	Shelby	Perry	Tarrant
Moncrieffe	Smith		Levin	AmEx	Windsor	Sekhar
	Marx		Gunn			Metrish
	Already		Arlington			UT S.W.


	October	November	December	January	February	March	April
Roberts	1	1	1	2
Scalia	1	3
Kennedy		1	1	1
Thomas	1	1	1		1
Ginsburg	1	1	2	1		1
Breyer	1	1	1	1		1
Alito	1	1			1
Sotomayor	1	1	1	1
Kagan	1	2	1		1

Argued	10	12	9	12	10	10	12
Decided	8	12	8	6	3	2	0
Disposed	1	-	-	1	-	-	-

paceofgrants_051313

paceofopinions_051313

	Circuit Report for October Term 2012
	Total	% Total	Aff’d	Rev	% Aff’d	% Rev’d
CA1	1	1%	-	-	-	-
CA2	10	13%	2	4	33%	67%
CA3	6	8%	0	4	0	100%
CA4	5	7%	2	1	67%%	33%
CA5	7	9%	0	2	0%	100%
CA6	2	3%	-	-	-	-
CA7	3	4%	1	0	100%	0%
CA8	2	3%	0	2	0%	100%
CA9	12	16%	1	6	14%	86%
CA10	2	3%	1	0	100%	0%
CA11	6	8%	0	4	0	100%
CADC	3	4%	1	1	50%	50%
CAFC	5	7%	1	2	33%	67%
State	12	16%	3	4	43%	57%
Dist. Court	-	-	-	-	-	-
Orig.	-	-	-	-	-	-
Total	76		12	30	29%	71%

	Justice Agreement in full, in part, or in judgment
	AS	AMK	CT	RBG	SGB	SAA	SMS	EK
JGR	86%	86%	88%	79%	85%	88%	76%	80%
	AS	86%	88%	79%	73%	79%	71%	76%
		AMK	79%	83%	80%	79%	81%	80%
			CT	74%	76%	88%	67%	71%
				RBG	88%	71%	93%	93%
					SGB	83%	85%	90%
						SAA	71%	76%
							SMS	98%
								EK

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Court upholds Monsanto’s patent on genetically modified seed

In an unanimous decision, the Court held that a soybean farmer cannot reproduce agri-giant Monsanto’s patented, genetically modified seeds through planting and harvesting without the company’s permission. Marcia Coyle of The National Law Journal joins Jeffrey Brown to discuss the legal, agricultural, and technological implications of this decision.
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Recently Decided Cases
- Bowman v. Monsanto Co. Patent exhaustion does not permit a farmer to reproduce patented seeds through planting and harvesting.
- Bullock v. BankChampaign, N.A. In bankruptcy, “defalcation” includes culpable state of mind requirement.
- Dan's City Used Cars, Inc. v. Pelkey State law regulating the sale and disposal of a vehicle that has been towed is not preempted by FAAAA.
- McBurney v. Young Denying non-residents access to state public records is not unconstitutional.
- Moncrieffe v. Holder Minor marijuana offenses not automatically deportable offenses
This Week at the Court

At 9:30 a.m. on Monday we expect orders from the May 16 Conference. Our list of “Petitions to watch” for that Conference is here. At 10 a.m. we expect opinions in argued cases. We will begin live blogging shortly before 9:30.
On Thursday the Justices will meet for their May 23 Conference. Our list of “Petitions to watch” for that Conference is here.
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Major cases of the Term
- Fisher v. University of Texas at Austin
  Affirmative action
- Shelby County v. Holder
  Constitutionality of Section 5 of Voting Rights Act
- Hollingsworth v. Perry
  California's definition of marriage and the Equal Protection Clause
- United States v. Windsor
  Constitutionality of the Defense of Marriage Act
- Association for Molecular Pathology v. Myriad Genetics, Inc.
  Are human genes, taken out of the body but not changed, eligible for patenting?
See allUpcoming Petitions
- Evans v. Crews Legality of Florida capital sentencing regime
- Medtronic, Inc. v. Boston Scientific Corp. Burden of proof for patent infringement declaratory judgments
- Town of Greece v. Galloway Constitutionality of legislative prayer practice
- White v. Woodall Sixth Circuit grant of habeas relief for capital defendant
More Petitions »
Term Snapshot

Cases argued 74

Cases decided 39

Summary reversals 3

Merits Cases Set for Argument 74
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This week at the Court	12:01am on 5/19
Solicitor General files invitation briefs for June 6 Conference	3:52pm on 5/18
Petition of the day	10:36pm on 5/17
Ask the author: Floyd Abrams & his fighting faith	4:05pm on 5/17
Survey results	2:45pm on 5/17

9
Conference

13
Orders and opinions

16
Conference

23
Conference

30
Conference

	Justice Agreement in full, in part, or in judgment
	AS	AMK	CT	RBG	SGB	SAA	SMS	EK
JGR	86%	86%	88%	79%	85%	88%	76%	80%
	AS	86%	88%	79%	73%	79%	71%	76%
		AMK	79%	83%	80%	79%	81%	80%
			CT	74%	76%	88%	67%	71%
				RBG	88%	71%	93%	93%
					SGB	83%	85%	90%
						SAA	71%	76%
							SMS	98%
								EK

Cases argued	74
Cases decided	39
Summary reversals	3
Merits Cases Set for Argument	74

	Justice Agreement in full, in part, or in judgment
	AS	AMK	CT	RBG	SGB	SAA	SMS	EK
JGR	86%	86%	88%	79%	85%	88%	76%	80%
	AS	86%	88%	79%	73%	79%	71%	76%
		AMK	79%	83%	80%	79%	81%	80%
			CT	74%	76%	88%	67%	71%
				RBG	88%	71%	93%	93%
					SGB	83%	85%	90%
						SAA	71%	76%
							SMS	98%
								EK

	Justice Agreement in full, in part, or in judgment
	AS	AMK	CT	RBG	SGB	SAA	SMS	EK
JGR	86%	86%	88%	79%	85%	88%	76%	80%
	AS	86%	88%	79%	73%	79%	71%	76%
		AMK	79%	83%	80%	79%	81%	80%
			CT	74%	76%	88%	67%	71%
				RBG	88%	71%	93%	93%
					SGB	83%	85%	90%
						SAA	71%	76%
							SMS	98%
								EK