|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|18-109||Fed. Cir.||N/A||N/A||N/A||N/A||OT 2018|
Issue: Whether unclaimed disclosures in a published patent application and an earlier application it relies on for priority enter the public domain and thus become prior art as of the earlier application’s filing date, or, as the U.S. Court of Appeals for the Federal Circuit held, does the prior art date of the disclosures depend on whether the published application also claims subject matter from the earlier application. CVSG: 05/21/2019.
|Date||Proceedings and Orders |
|Jul 11 2018||Petition for a writ of certiorari filed. (Response due August 23, 2018)|
|Aug 09 2018||Motion to extend the time to file a response from August 23, 2018 to September 24, 2018, submitted to The Clerk.|
|Aug 09 2018||Blanket Consent filed by Petitioner, Ariosa Diagnostics, Inc.|
|Aug 15 2018||Motion to extend the time to file a response is granted and the time is extended to and including September 24, 2018.|
|Aug 17 2018||Waiver of right of respondent United States to respond filed.|
|Aug 22 2018||Brief amici curiae of Electronic Frontier Foundation and R Street Institute filed.|
|Aug 23 2018||Brief amici curiae of Intellectual Property Law Professors filed.|
|Sep 24 2018||Brief of respondent Illumina, Inc in opposition filed.|
|Oct 09 2018||Reply of petitioner Ariosa Diagnostics, Inc filed.|
|Oct 10 2018||DISTRIBUTED for Conference of 10/26/2018.|
|Oct 29 2018||The Solicitor General is invited to file a brief in this case expressing the views of the United States.|
|May 21 2019||Brief amicus curiae of United States filed.|
|Jun 04 2019||DISTRIBUTED for Conference of 6/20/2019.|
|Jun 04 2019||Supplemental brief of petitioner Ariosa Diagnostics, Inc filed. (Distributed)|
|Jun 04 2019||Supplemental brief of respondent Illumina, Inc filed. (Distributed)|
|Jun 24 2019||Petition DENIED.|
NEW: The Supreme Court declines to block the execution of Alabama prisoner Willie Smith, who is scheduled to be put to death by lethal injection tonight. No noted dissents, but Sotomayor adds a brief statement expressing concerns about Alabama's conduct.
NEW: Texas files its response to the Justice Department's emergency application asking the Supreme Court to block the state's six-week abortion ban.
Full brief is here: https://www.supremecourt.gov/DocketPDF/21/21A85/197064/20211021113524436_21A85_United%20States%20v.%20Texas_Opposition.pdf
Breyer is the third justice since August to turn away an emergency challenge to a vaccine mandate, without referring the issue to the full court. Earlier: Barrett declined to block Indiana University's mandate, and Sotomayor declined to block NYC's mandate for school employees.
Justice Stephen Breyer turns down request to block enforcement of Maine's COVID-19 vaccine mandate for healthcare workers, although he leaves open possibility that plaintiffs can return to #SCOTUS after the court of appeals acts: https://www.supremecourt.gov/search.aspx?filename=/docket/docketfiles/html/public/21a83.html
Where do things stand at the Supreme Court with the two pending challenges to the Texas anti-abortion law? Here's an explainer from @katieleebarlow in a Tik Tok minute.
#SCOTUS grants request by Texas abortion providers to fast-track consideration of petition for cert before judgment in challenge to SB8. Response from Texas is due by noon on Thursday -- same time as Texas's response to US filing today. Order is here: https://www.supremecourt.gov/orders/courtorders/101821zr1_2c8f.pdf
BREAKING: The Justice Department has filed its emergency application asking the Supreme Court to block Texas' six-week abortion ban.
The filing is here: https://www.supremecourt.gov/DocketPDF/21/21A85/196650/20211018120230336_US%20v.%20Texas%20application%20final.pdf
NEW: The Justice Department, as expected, says it plans to ask the Supreme Court to block enforcement of the Texas law that bans abortions after six weeks of pregnancy.