|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
Issues: (1) Whether enablement for purposes of Section 112 of the Patent Act is “a question of fact to be determined by the jury,” as the Supreme Court has held, or “a question of law that [the court] review[s] without deference,” as the U.S. Court of Appeals for the Federal Circuit holds; and (2) whether enablement is governed by the statutory requirement that the specification teach those skilled in the art to “make and use” the claimed invention, or whether it must instead enable those skilled in the art “to reach the full scope of claimed embodiments” without undue experimentation—i.e., to cumulatively identify and make all or nearly all embodiments of the invention without substantial “time and effort.” CVSG: 9/21/2022
|Date||Proceedings and Orders |
|Nov 18 2021||Petition for a writ of certiorari filed. (Response due December 22, 2021)|
|Dec 22 2021||Brief amici curiae of Association of University Technology Managers, Inc., et al.|
|Dec 22 2021||Brief amicus curiae of GlaxoSmithKline plc filed.|
|Dec 22 2021||Brief amici curiae of Intellectual Property Professors filed.|
|Jan 05 2022||DISTRIBUTED for Conference of 1/21/2022.|
|Jan 11 2022||Response Requested. (Due February 10, 2022)|
|Jan 12 2022||Motion to extend the time to file a response from February 10, 2022 to March 14, 2022, submitted to The Clerk.|
|Jan 14 2022||Motion to extend the time to file a response is granted and the time is extended to and including March 14, 2022.|
|Mar 14 2022||Brief of respondents Sanofi, et al. in opposition filed.|
|Mar 28 2022||Reply of petitioners Amgen Inc., et al. filed. (Distributed)|
|Mar 29 2022||DISTRIBUTED for Conference of 4/14/2022.|
|Apr 18 2022||The Solicitor General is invited to file a brief in this case expressing the views of the United States.|
|Sep 21 2022||Brief amicus curiae of United States filed.|
JUST IN: The Supreme Court will continue to provide a live audio stream of oral arguments in the new term that begins on Monday. https://www.supremecourt.gov/publicinfo/press/pressreleases/pr_09-28-22
SCOTUS releases new "circuit justice" lineup, with Jackson taking over the Boston-based 1st Circuit (formerly handled by Breyer). Each justice reviews emergency appeals from the regions covered by his or her circuits. (Controversial cases usually get referred to the full court.)
Today at SCOTUS: The justices meet privately for their annual "long conference" to review cert petitions that have rolled in over the summer. They'll also likely discuss the status of the Dobbs leak investigation and whether to continue live audio of oral arguments this term.
BREAKING: In 5-4 vote, the Supreme Court ALLOWS Alabama to execute Alan Miller, whose lethal injection was scheduled for tonight. In a brief shadow-docket order, SCOTUS lifts a lower court's injunction that had blocked the execution. Barrett joins the three liberals in dissent.
JUST IN: By a 5-4 vote, the Supreme Court DENIES Yeshiva University's emergency request to intervene now in a dispute over whether the university must recognize an LGBTQ student group. Roberts and Kavanaugh join with Sotomayor, Kagan, and Jackson. https://www.supremecourt.gov/opinions/21pdf/22a184_3ea4.pdf
Two justices worked for Kenneth Starr early in their careers. John Roberts was his deputy when Starr was solicitor general during the George H.W. Bush administration. Brett Kavanaugh clerked for Starr on the D.C. Circuit and was on Starr's team for the Clinton investigation.