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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 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.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Jan 23 2014Petition for a writ of certiorari filed. (Response due February 27, 2014)
Feb 3 2014Order extending time to file response to petition to and including March 31, 2014.
Mar 31 2014Brief of respondent Cisco Systems, Inc. in opposition filed.
May 6 2014DISTRIBUTED for Conference of May 22, 2014.
May 27 2014The 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 2014Brief amicus curiae of United States filed. VIDED.
Oct 31 2014Supplemental brief of respondent Cisco Systems, Inc. filed. VIDED.
Oct 31 2014Reply of petitioner Commil USA, LLC filed. VIDED.
Nov 3 2014DISTRIBUTED for Conference of November 25, 2014.
Dec 1 2014DISTRIBUTED for Conference of December 5, 2014.
Dec 5 2014Petition GRANTED limited to Question 1 presented by the petition. Justice Breyer took no part in the consideration or decision of this petition.
Jan 20 2015Brief of petitioner Commil USA, LLC filed.
Jan 20 2015Joint appendix filed. (Statement of costs filed.)
Jan 26 2015Brief amicus curiae of Gilead Sciences, Inc. filed.
Jan 26 2015Brief amicus curiae of Intellectual Property Owners Association filed.
Jan 27 2015Brief amicus curiae of United States filed.
Jan 27 2015Brief amicus curiae of AbbVie Inc. filed.
Jan 27 2015Brief amicus curiae of American Intellectual Property Law Association in support of neither party filed.
Jan 27 2015Brief amicus curiae of Pharmaceutical Research and Manufacturers of America filed.
Jan 27 2015Brief amicus curiae of MUSC Foundation for Research Development filed.
Jan 27 2015Brief amicus curiae of Biotechnology Industry Organization filed.
Feb 2 2015SET FOR ARGUMENT ON Tuesday, March 31, 2015
Feb 3 2015Record requested from U.S.C.A. Federal Circuit.
Feb 4 2015Record received from U.S.C.A. Federal Circuit is electronic and located on PACER.
Feb 12 2015CIRCULATED
Feb 19 2015Brief of respondent Cisco Systems, Inc. filed. (Distributed)
Feb 20 2015Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Feb 24 2015Brief amici curiae of Public Knowledge, et al. filed.
Feb 25 2015Brief amici curiae of Sixteen Intellectual Property Law Professors filed. (Distributed).
Feb 26 2015Brief amici curiae of EMC Corporation, et al. filed. (Distributed)
Feb 26 2015Brief amicus curiae of Computer & Communications Industry Association filed. (Distributed)
Feb 26 2015Brief amici curiae of DeLorme, et al. filed. (Distributed)
Feb 26 2015Brief amicus curiae of Generic Pharmaceutical Association filed. (Distributed)
Feb 26 2015Brief amicus curiae of Electronic Frontier Foundation filed. (Distributed)
Feb 26 2015Brief amicus curiae of Askeladden L.L.C. filed. (Distributed)
Feb 26 2015Brief amicus curiae of Professor Saurabh Vishnubhakat filed. (Distributed)
Mar 20 2015Motion 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 2015Reply of petitioner Commil USA, LLC filed. (Distributed)
Mar 31 2015Argued. 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 2015Judgment 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 2015JUDGMENT ISSUED.