|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
Disclosure: Goldstein & Russell, P.C., whose attorneys contribute to SCOTUSblog in various capacities, is among the counsel to the respondents in this case.
Issues: (1) What standard determines whether a patent claim is “directed to” a patent-ineligible concept under step 1 of the Supreme Court’s two-step framework for determining whether an invention is eligible for patenting under 35 U.S.C. § 101; and (2) whether patent eligibility (at each step of the Supreme Court’s two-step framework) is a question of law for the court based on the scope of the claims or a question of fact for the jury based on the state of art at the time of the patent.
|Date||Proceedings and Orders |
|Dec 28 2020||Petition for a writ of certiorari filed. (Response due February 4, 2021)|
|Jan 08 2021||Blanket Consent filed by Petitioner, American Axle & Manufacturing, Inc.|
|Jan 11 2021||Waiver of right of respondent Neapco Holdings LLC, et al. to respond filed.|
|Jan 13 2021||DISTRIBUTED for Conference of 2/19/2021.|
|Jan 25 2021||Brief amicus curiae of New York Intellectual Property Law Association filed. (Distributed)|
|Jan 29 2021||Response Requested. (Due March 1, 2021)|
|Jan 29 2021||Brief amicus curiae of Alliance of U.S. Startups & Inventors for Jobs filed.|
|Feb 04 2021||Brief amici curiae of The Chicago Patent Attorneys filed.|
|Feb 05 2021||Motion to extend the time to file a response from March 1, 2021 to March 31, 2021, submitted to The Clerk.|
|Feb 05 2021||Brief amicus curiae of New York City Bar Association filed.|
|Feb 08 2021||Motion to extend the time to file a response is granted and the time is extended to and including March 31, 2021.|
|Mar 01 2021||Brief amici curiae of Professors Jeffrey A. Lefstin and Peter S. Menell filed.|
|Mar 01 2021||Brief amicus curiae of Ameranth, Inc. filed.|
|Mar 01 2021||Brief amicus curiae of Jeremy C. Doerre filed.|
|Mar 01 2021||Brief amici curiae of Biotechnology Innovation Organization and AUTM filed.|
|Mar 01 2021||Brief amici curiae of United States Senator Thom Tillis, Honorable Paul R. Michel and Honorable David J. Kappos filed.(Corrected version submitted 3/12/2021)|
|Mar 01 2021||Brief amicus curiae of Houston Intellectual Property Law Association filed.|
|Mar 31 2021||Brief of respondents Neapco Holdings LLC, et al. in opposition filed.|
|Apr 12 2021||Reply of petitioner American Axle & Manufacturing, Inc. filed.|
|Apr 14 2021||DISTRIBUTED for Conference of 4/30/2021.|
|May 03 2021||The Acting Solicitor General is invited to file a brief in this case expressing the views of the United States.|
Monday's decision rejecting sentence reductions for low-level crack-cocaine offenders may have been unanimous, but @ekownyankah writes that there is far more going on than the ruling's dry textual analysis might indicate. Read his incisive analysis here:
After decades, Congress reduced the racially unjust crack/cocaine disparity... raising amounts required for prison time. Why would Congress have left small time dealers to rot in prison for decades?
My thoughts on SCOTUS's ruling in Terry v. United States:https://www.scotusblog.com/2021/06/unanimous-ruling-on-crack-cocaine-disparity-is-heavy-on-text-light-on-history/
No more SCOTUS opinions for today. There are 18 cases still outstanding from the current term, including disputes over Obamacare, religious rights and voting rights. The next opinion day that we know of is Thursday.
SCOTUS rules 9-0 that people convicted of certain low-level crack-cocaine offenses are not eligible for re-sentencing under the First Step Act, a 2018 law that made some criminal-justice reforms retroactive. Here is the opinion in Terry v. United States. https://www.supremecourt.gov/opinions/20pdf/20-5904_i4dk.pdf
SCOTUS sides with the gov in 2 cases about whether certain criminal defendants are entitled to new trials / new plea hearings as a result of the court's 2019 ruling in Rehaif v. United States which narrowed a federal law barring people with felony convictions from possessing guns
In a relatively quiet Monday morning order list, SCOTUS takes up no new cases. But it does invite the federal government to submit a brief on the pending petition that asks the justices to take up a challenge to Harvard's affirmative action policy. https://www.supremecourt.gov/orders/courtorders/061421zor_6j36.pdf
The Supreme Court will release orders at 9:30 a.m. ET followed by opinion(s?) at 10:00.
There are 21 opinions outstanding including Obamacare, LGBTQ+ rights vs. religious liberty, and student speech.
We’ll crank up the live blog at 9:25. Join us!
Announcement of orders and opinions for Monday, June 14 - SCOTUSblog
We will be live blogging on Monday, June 14, as the court releases orders from the June 10 conference and one ...
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