Briefly Mentioned :

Briefly Noted :

On Monday, the Supreme Court released additional orders from the October 18 conference. The justices did not add any new cases to their merits docket.

HP Inc. v. Berkheimer

Pending petition
Docket No. Op. Below Argument Opinion Vote Author Term
18-415 Fed. Cir. TBD TBD TBD TBD TBD

Issue: Whether patent eligibility is a question of law for the court based on the scope of the claims or a question of fact for the jury based on the state of the art at the time of the patent.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Jul 20 2018Application (18A88) to extend the time to file a petition for a writ of certiorari from August 29, 2018 to September 28, 2018, submitted to The Chief Justice.
Jul 25 2018Application (18A88) granted by The Chief Justice extending the time to file until September 28, 2018.
Sep 28 2018Petition for a writ of certiorari filed. (Response due November 2, 2018)
Oct 08 2018Waiver of right of respondent Steven E. Berkheimer to respond filed.
Oct 10 2018DISTRIBUTED for Conference of 10/26/2018.
Oct 15 2018Response Requested. (Due November 14, 2018)
Oct 17 2018Blanket Consent filed by Petitioner, HP Inc., f/k/a Hewlett-Packard Company.
Oct 22 2018Blanket Consent filed by Respondent, Steven E. Berkheimer.
Oct 22 2018Motion to extend the time to file a response from November 14, 2018 to December 5, 2018, submitted to The Clerk.
Oct 24 2018Motion to extend the time to file a response is granted and the time is extended to and including December 5, 2018.
Nov 14 2018Brief amicus curiae of Askeladden LLC filed.
Nov 14 2018Brief amici curiae of T-Mobile USA, Inc., and Sprint Spectrum L.P. filed.
Nov 14 2018Brief amicus curiae of Computer & Communications Industry Association filed.
Nov 14 2018Brief amici curiae of Check Point Software Technologies, Inc. and CableLabs filed.
Nov 14 2018Brief amici curiae of Electronic Frontier Foundation and R Street Institute filed.
Nov 14 2018Brief amicus curiae of Engine Advocacy filed.
Dec 05 2018Brief of respondent Steven E. Berkheimer in opposition filed.
Dec 17 2018Reply of petitioner HP Inc., f/k/a Hewlett-Packard Company filed.
Dec 19 2018DISTRIBUTED for Conference of 1/4/2019.
Jan 07 2019The Solicitor General is invited to file a brief in this case expressing the views of the United States.
 
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