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EVE-USA, Inc. v. Mentor Graphics Corp.

Case dismissed, pursuant to Rule 46, on August 17, 2018

Docket No. Op. Below Argument Opinion Vote Author Term
17-804 Fed. Cir. TBD TBD TBD TBD OT 2018

Issue: (1) Whether, and under what circumstances, assignors and their privies are free to contest a patent's validity; and (2) whether the U.S. Court of Appeals for the Federal Circuit erred in holding that proof of but-for causation, without more, satisfies the requirement that damages be apportioned between patented and un-patented features.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
11/30/2017Petition for a writ of certiorari filed. (Response due January 3, 2018)
12/12/2017Blanket Consent filed by Petitioner, EVE-USA, Inc., et al.
12/13/2017Blanket Consent filed by Respondent, Mentor Graphics Corporation.
01/02/2018Brief amicus curiae of Intellectual Property Law Scholar filed.
01/02/2018Brief amici curiae of Eighteen Intellectual Property Law Professors filed.
01/03/2018Waiver of right of respondent Mentor Graphics Corporation to respond filed.
01/03/2018Brief amici curiae of HP Inc., et al. filed.
01/03/2018Brief amici curiae of Law Professors and Public Knowledge filed.
01/10/2018DISTRIBUTED for Conference of 2/16/2018.
01/17/2018Response Requested. (Due February 16, 2018)
01/18/2018Motion to extend the time to file a response from February 16, 2018 to March 19, 2018, submitted to The Clerk.
01/22/2018Motion to extend the time to file a response is granted and the time is extended to and including March 19, 2018
03/19/2018Brief of respondent Mentor Graphics Corporation in opposition filed.
03/27/2018Reply of petitioners EVE-USA, Inc., et al. filed.
04/04/2018DISTRIBUTED for Conference of 4/20/2018.
04/23/2018The Solicitor General is invited to file a brief in this case expressing the views of the United States. Justice Gorsuch took no part in the consideration or decision of this petition.
08/16/2018Stipulation to dismiss the petition for a writ of certiorari pursuant to Rule 46 filed.
08/17/2018Petition Dismissed - Rule 46.