This week we highlight petitions pending before the Supreme Court that address the validity of the Manual of Patent Examining Procedure Section 1207.04, under what circumstances a criminal defendant pursuing a second or successive motion under 28 U.S.C. § 2255 is entitled to relief under a retroactive constitutional decision invalidating a federal statutory provision, and whether 29 U.S.C. § 1344(c) precludes disgorgement of profits as an appropriate equitable remedy under 29 U.S.C. § 1303(f).

The petitions of the week are:

18-1276

Issue: Whether, or under what circumstances, a criminal defendant pursuing a second or successive motion under 28 U.S.C. § 2255 is entitled to relief under a retroactive constitutional decision invalidating a federal statutory provision, when the record is silent as to whether the district court based on its original judgment on that provision or another provision of the same statute.

18-1279

Issue: Whether 29 U.S.C. § 1344(c) precludes disgorgement of profits from the Pension Benefit Guaranty Corporation as an appropriate equitable remedy under 29 U.S.C. § 1303(f) for the Pension Benefit Guaranty Corporation’s breaches of fiduciary duties.

18-1285

Issue: Whether the Manual of Patent Examining Procedure Section 1207.04 violates patent applicants’ statutory right of appeal following a second rejection.

Posted in Levert v. U.S., Lewis v. Pension Benefit Guaranty Corp., Hyatt v. Iancu, Cases in the Pipeline

Recommended Citation: Aurora Barnes, Petitions of the week, SCOTUSblog (May. 22, 2019, 4:10 PM), https://www.scotusblog.com/2019/05/petitions-of-the-week-45/