|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|13-896||Fed. Cir.||Mar 31, 2015||May 26, 2015||6-2||Kennedy||OT 2014|
Holding: A defendant’s belief regarding patent validity is not a defense to an induced infringement claim.
Judgment: Vacated and remanded, 6-2, in an opinion by Justice Kennedy on May 26, 2015. Justice Scalia filed a dissenting opinion, in which Chief Justice Roberts joined. Justice Breyer took no part in the consideration or decision of the case.
|Date||Proceedings and Orders |
|Jan 23 2014||Petition for a writ of certiorari filed. (Response due February 27, 2014)|
|Feb 3 2014||Order extending time to file response to petition to and including March 31, 2014.|
|Mar 31 2014||Brief of respondent Cisco Systems, Inc. in opposition filed.|
|May 6 2014||DISTRIBUTED for Conference of May 22, 2014.|
|May 27 2014||The Solicitor General is invited to file a brief in this case expressing the views of the United States. Justice Breyer took no part in the consideration or decision of this petition.|
|Oct 16 2014||Brief amicus curiae of United States filed. VIDED.|
|Oct 31 2014||Supplemental brief of respondent Cisco Systems, Inc. filed. VIDED.|
|Oct 31 2014||Reply of petitioner Commil USA, LLC filed. VIDED.|
|Nov 3 2014||DISTRIBUTED for Conference of November 25, 2014.|
|Dec 1 2014||DISTRIBUTED for Conference of December 5, 2014.|
|Dec 5 2014||Petition GRANTED limited to Question 1 presented by the petition. Justice Breyer took no part in the consideration or decision of this petition.|
|Jan 20 2015||Brief of petitioner Commil USA, LLC filed.|
|Jan 20 2015||Joint appendix filed. (Statement of costs filed.)|
|Jan 26 2015||Brief amicus curiae of Gilead Sciences, Inc. filed.|
|Jan 26 2015||Brief amicus curiae of Intellectual Property Owners Association filed.|
|Jan 27 2015||Brief amicus curiae of United States filed.|
|Jan 27 2015||Brief amicus curiae of AbbVie Inc. filed.|
|Jan 27 2015||Brief amicus curiae of American Intellectual Property Law Association in support of neither party filed.|
|Jan 27 2015||Brief amicus curiae of Pharmaceutical Research and Manufacturers of America filed.|
|Jan 27 2015||Brief amicus curiae of MUSC Foundation for Research Development filed.|
|Jan 27 2015||Brief amicus curiae of Biotechnology Industry Organization filed.|
|Feb 2 2015||SET FOR ARGUMENT ON Tuesday, March 31, 2015|
|Feb 3 2015||Record requested from U.S.C.A. Federal Circuit.|
|Feb 4 2015||Record received from U.S.C.A. Federal Circuit is electronic and located on PACER.|
|Feb 12 2015||CIRCULATED|
|Feb 19 2015||Brief of respondent Cisco Systems, Inc. filed. (Distributed)|
|Feb 20 2015||Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.|
|Feb 24 2015||Brief amici curiae of Public Knowledge, et al. filed.|
|Feb 25 2015||Brief amici curiae of Sixteen Intellectual Property Law Professors filed. (Distributed).|
|Feb 26 2015||Brief amici curiae of EMC Corporation, et al. filed. (Distributed)|
|Feb 26 2015||Brief amicus curiae of Computer & Communications Industry Association filed. (Distributed)|
|Feb 26 2015||Brief amici curiae of DeLorme, et al. filed. (Distributed)|
|Feb 26 2015||Brief amicus curiae of Generic Pharmaceutical Association filed. (Distributed)|
|Feb 26 2015||Brief amicus curiae of Electronic Frontier Foundation filed. (Distributed)|
|Feb 26 2015||Brief amicus curiae of Askeladden L.L.C. filed. (Distributed)|
|Feb 26 2015||Brief amicus curiae of Professor Saurabh Vishnubhakat filed. (Distributed)|
|Mar 20 2015||Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. Justice Breyer took no part in the consideration or decision of this motion.|
|Mar 20 2015||Reply of petitioner Commil USA, LLC filed. (Distributed)|
|Mar 31 2015||Argued. For petitioner: Mark S. Werbner, Dallas, Tex.; and Ginger D. Anders, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondent: Seth P. Waxman, Washington, D. C.|
|May 26 2015||Judgment VACATED and case REMANDED. Kennedy, J., delivered the opinion of the Court, in which Ginsburg, Alito, Sotomayor, and Kagan, JJ., joined, and in which Thomas, J., joined as to Parts II-B and III. Scalia, J., filed a dissenting opinion, in which Roberts, C. J., joined. Breyer, J., took no part in the consideration or decision of the case.|
|Jun 29 2015||JUDGMENT ISSUED.|
FWOTSC. You figure that one out.*
h/t to @marinklevy for the story and the always-entertaining threads.
#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).