Commil USA, LLC v. Cisco Systems, Inc.

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Commil USA, LLC v. Cisco Systems, Inc.

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Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
13-896	Fed. Cir.	Mar 31, 2015 Tr.Aud.	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.

Opinion analysis: Justices eat their own words in dispute about inducing patent infringement (Ronald Mann)
Argument analysis: Justices debate intent to induce patent infringement (again) (Ronald Mann)
Court to rule on license plate messages, two other cases (Lyle Denniston)

Date	Proceedings and Orders (key to color coding)
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.

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This Week at the Court
On Monday, the Supreme Court released orders from the June 20 conference; the justices granted eight new cases, for a total of five hours of oral argument next term: Guerrero-Lasprilla v. Barr, Ovalles v. Barr, Dex Media Inc. v. Click-To-Call Technologies, LP, Maine Community Health Options v. United States, Moda Health Plan Inc. v. United States, Land of Lincoln Mutual Health Insurance Co. v. United States, Georgia v. Public.Resource.Org Inc. and Banister v. Davis.
Also on Monday, the justices released their opinions in four argued cases: United States v. Davis, Food Marketing Institute v. Argus Leader Media, Iancu v. Brunetti and The Dutra Group v. Batterton.
On Wednesday, the justices released their opinions in three argued cases: United States v. Haymond, Kisor v. Wilkie, and Tennessee Wine & Spirits Retailers Association v. Thomas.
On Thursday, the Supreme Court will release its final opinions for the term.
Major Cases
- Department of Commerce v. New York
  (1) Whether the district court erred in enjoining the secretary of the Department of Commerce from reinstating a question about citizenship to the 2020 decennial census on the ground that the secretary’s decision violated the Administrative Procedure Act, 5 U.S.C. 701 et seq; (2) whether, in an action seeking to set aside agency action under the APA, a district court may order discovery outside the administrative record to probe the mental processes of the agency decisionmaker -- including by compelling the testimony of high-ranking executive branch officials -- without a strong showing that the decisionmaker disbelieved the objective reasons in the administrative record, irreversibly prejudged the issue, or acted on a legally forbidden basis; and (3) whether the secretary’s decision to add a citizenship question to the decennial census violated the enumeration clause of the U.S. Constitution.
- Lamone v. Benisek
  In case in which the plaintiffs allege that a Maryland congressional district was gerrymandered to retaliate against them for their political views: (1) whether the various legal claims articulated by the three-judge district court are unmanageable; (2) whether the three-judge district court erred when, in granting plaintiffs’ motion for summary judgment, it resolved disputes of material fact as to multiple elements of plaintiffs’ claims, failed to view the evidence in the light most favorable to the non-moving party, and treated as “undisputed” evidence that is the subject of still-unresolved hearsay and other evidentiary objections; and (3) whether the three-judge district court abused its discretion in entering an injunction despite the plaintiffs’ years-long delay in seeking injunctive relief, rendering the remedy applicable to at most one election before the next decennial census necessitates another redistricting.
- Kisor v. Wilkie
  Auer v. Robbins and Bowles v. Seminole Rock & Sand Co – under which deference is given to an agency’s reasonable reading of its own genuinely ambiguous regulations – are not overruled.
- Rucho v. Common Cause
  (1) Whether plaintiffs have standing to press their partisan gerrymandering claims; (2) whether plaintiffs’ partisan gerrymandering claims are justiciable; and (3) whether North Carolina’s 2016 congressional map is, in fact, an unconstitutional partisan gerrymander.
- The American Legion v. American Humanist Association
  The Bladensburg Cross does not violate the establishment clause of the First Amendment.
- Gamble v. United States
  The dual-sovereignty doctrine – under which two offenses are not the “same offence” for double jeopardy purposes if prosecuted by separate sovereigns – is upheld.
see all this term’s cases »
Recent Decisions
- Kisor v. Wilkie Auer v. Robbins and Bowles v. Seminole Rock & Sand Co – under which deference is given to an agency’s reasonable reading of its own genuinely ambiguous regulations – are not overruled.
- Tennessee Wine & Spirits Retailers Association v. Thomas Tennessee’s 2-year durational-residency requirement applicable to retail liquor store license applicants violates the commerce clause and is not saved by the 21st Amendment.
- United States v. Haymond The U.S. Court of Appeals for the 10th Circuit’s judgment – that 18 U. S. C. §3583(k)’s last two sentences are unconstitutional and unenforceable – is vacated, and the case is remanded.
- Food Marketing Institute v. Argus Leader Media Where commercial or financial information is both customarily and actually treated as private by its owner and provided to the government under an assurance of privacy, the information is “confidential” within the meaning of 5 U. S. C. §552(b)(4), the Freedom of Information Act’s Exemption 4.
- Iancu v. Brunetti The Lanham Act prohibition on the registration of “immoral” or “scandalous” trademarks infringes the First Amendment.
- The Dutra Group v. Batterton A plaintiff may not recover punitive damages on a maritime claim of unseaworthiness.
- United States v. Davis Title 18 U. S. C. §924(c)(3)(B), which provides enhanced penalties for using a firearm during a “crime of violence,” is unconstitutionally vague.
see all this term’s cases »
Current Relists
- Atlanta Gas Light Co. v. Bennett Regulator Guards Inc. (1) Whether the U.S. Court of Appeals for the Federal Circuit erred in concluding that it had jurisdiction to review the Patent Trial and Appeal Board’s decision to institute inter partes review of respondent’s patent over respondent’s objection that it was time-barred; and (2) whether the U.S. Court of Appeals for the Federal Circuit erred when it rejected the longstanding principle that a dismissal without prejudice leaves the parties as if a suit had never been brought, splitting the circuits.
- Department of Homeland Security v. Regents of the University of California (1) Whether the Department of Homeland Security’s decision to wind down the Deferred Action for Childhood Arrivals policy is judicially reviewable; and (2) whether DHS’s decision to wind down the DACA policy is lawful.
- Kelly v. United States Whether a public official “defraud[s]” the government of its property by advancing a “public policy reason” for an official decision that is not her subjective “real reason” for making the decision.
More Petitions »
Recent Special Features
Statistical Snapshot

Cases argued 69

Cases decided 66

Summary reversals 5

Merits cases granted to date 74

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On June 3, Justice Clarence Thomas spoke with David Rubenstein for the Supreme Court Historical Society’s annual lecture at the Supreme Court.

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Cases argued	69
Cases decided	66
Summary reversals	5
Merits cases granted to date	74

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