|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
Issue: Whether the U.S. Court of Appeals for the Federal Circuit may review, by appeal or mandamus, a decision of the U.S. Patent & Trademark Office denying a petition for inter partes review of a patent, where review is sought on the grounds that the denial rested on an agency rule that exceeds the PTO’s authority under the Leahy-Smith America Invents Act, is arbitrary or capricious, or was adopted without required notice-and-comment rulemaking.
|Date||Proceedings and Orders |
|Jul 26 2021||Petition for a writ of certiorari filed. (Response due August 27, 2021)|
|Aug 04 2021||Motion to extend the time to file a response from August 27, 2021 to September 27, 2021, submitted to The Clerk.|
|Aug 05 2021||Motion to extend the time to file a response is granted and the time is extended to and including September 27, 2021, for all respondents.|
|Aug 25 2021||Waiver of right of respondent Optis Cellular Technology, LLC, et al. to respond filed.|
|Aug 25 2021||Brief amicus curiae of Jeremy C. Doerre in support of neither party filed.|
|Aug 27 2021||Brief amicus curiae of Computer and Communications Industry Association filed.|
|Aug 27 2021||Brief amici curiae of Leading Innovators filed.|
|Aug 27 2021||Brief amicus curiae of ACT | The App Association filed.|
|Aug 27 2021||Brief amicus curiae of Roku, Inc. filed.|
|Sep 20 2021||Motion to extend the time to file a response from September 27, 2021 to October 27, 2021, submitted to The Clerk.|
|Sep 21 2021||Motion to extend the time to file a response is granted and the time is further extended to and including October 27, 2021, for all respondents.|
#SCOTUS announces that it will hold a formal, although "purely ceremonial," investiture ceremony for Justice Amy Coney Barrett next Friday. Attendance at the ceremony is by invitation only, & press coverage will be pooled. Full announcement is here: https://www.supremecourt.gov/publicinfo/press/pressreleases/pr_09-24-21
Need a refresher on "cert before judgment" practice at SCOTUS? We've got you covered.
@steve_vladeck examined the practice (among other types of extraordinary relief) in 2018: https://www.scotusblog.com/2018/12/power-versus-discretion-extraordinary-relief-and-the-supreme-court/
And Kevin Russell wrote a detailed explainer in 2011:
Abortion providers in Texas return to Supreme Court, now asking the justices for immediate review on the merits of their challenge to the state’s six-week abortion ban (cert. before judgment)
The Supreme Court will have a new oral argument procedure when they return to the bench Oct. 4. There will be an opportunity for individual questioning by each justice in order of seniority.
Interesting new procedure for oral arguments when the justices return to in-person arguments next month. Does it increase the chances that we will continue to hear from Justice Thomas, who was an active participant using the taking-turns format? https://twitter.com/GregStohr/status/1440318536723812363
NEW: The Supreme Court just released its December argument calendar. Dobbs v. Jackson Women's Health Organization, the term's big abortion case, will be argued Dec. 1.
#SCOTUS will hear oral argument in Mississippi abortion case challenging Roe v. Wade on Dec. 1. Full December argument calendar is here: https://www.supremecourt.gov/oral_arguments/argument_calendars/MonthlyArgumentCalDecember2021.pdf
We noted yesterday that Justice Thomas was speaking at Notre Dame but that there was no livestream. A video of his speech is now posted: https://www.youtube.com/watch?v=-kb4bFYdujA
Thomas criticized the media and defended the court's independence. Seems to be a theme among the justices lately.
💥 Breyer continues book tour (including @colbertlateshow two nights ago).
💥 Barrett gave a speech Sunday @uofl.
💥 Thomas is slated to give the 2021 Tocqueville Lecture today @NotreDame (but, like Barrett's speech, there is apparently no livestream).
Incidentally, Gorsuch had been scheduled to give a speech at the University of Wyoming today, but his visit was canceled due to COVID.
Nothing from Kagan or Gorsuch though 😢 https://twitter.com/SCOTUSblog/status/1438530948207874050