Editor's Note :

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The Supreme Court will release orders from the February 15 conference on Tuesday, February 19, at 9:30 a.m. There is a possibility of opinions on Wednesday, February 20, at 10:00 a.m.

Ariosa Diagnostics Inc. v. Illumina Inc.

Pending petition
Docket No. Op. Below Argument Opinion Vote Author Term
18-109 Fed. Cir. TBD TBD TBD TBD TBD

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.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Jul 11 2018Petition for a writ of certiorari filed. (Response due August 23, 2018)
Aug 09 2018Blanket Consent filed by Petitioner, Ariosa Diagnostics, Inc.
Aug 09 2018Motion to extend the time to file a response from August 23, 2018 to September 24, 2018, submitted to The Clerk.
Aug 15 2018Motion to extend the time to file a response is granted and the time is extended to and including September 24, 2018.
Aug 17 2018Waiver of right of respondent United States to respond filed.
Aug 22 2018Brief amici curiae of Electronic Frontier Foundation and R Street Institute filed.
Aug 23 2018Brief amici curiae of Intellectual Property Law Professors filed.
Sep 24 2018Brief of respondent Illumina, Inc in opposition filed.
Oct 09 2018Reply of petitioner Ariosa Diagnostics, Inc filed.
Oct 10 2018DISTRIBUTED for Conference of 10/26/2018.
Oct 29 2018The Solicitor General is invited to file a brief in this case expressing the views of the United States.
 
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