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.

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The justices return, without Ginsburg or any new grants (Updated) (Amy Howe)
Petitions of the week (Aurora Barnes)

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

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Academic highlight: Levitt on the collateral consequences of Department of Commerce v. New York – Amanda Frost

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This Week at the Court
The Supreme Court released orders from the April 12 conference on Monday; the justices called for the views of the U.S. solicitor general in Rutledge v. Pharmaceutical Care Management Association.
On Monday, the justices heard oral argument in Iancu v. Brunetti and Emulex Corp. v. Varjabedian.
On Tuesday, the justices heard oral argument in Parker Drilling Management Services, Ltd. v. Newton and North Carolina Department of Revenue v. The Kimberley Rice Kaestner 1992 Family Trust.
On Wednesday, the justices heard oral argument in United States v. Davis and McDonough v. Smith.
On Thursday, the justices met for their April 18 conference; John Elwood's Relist Watch compiles the petitions that were relisted for this conference.
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
  Whether the Supreme Court should overrule Auer v. Robbins and Bowles v. Seminole Rock & Sand Co., which direct courts to defer to an agency’s reasonable interpretation of its own ambiguous regulation.
- 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
  (1) Whether a 93-year-old memorial to the fallen of World War I is unconstitutional merely because it is shaped like a cross; (2) whether the constitutionality of a passive display incorporating religious symbolism should be assessed under the tests articulated in Lemon v. Kurtzman, Van Orden v. Perry, Town of Greece v. Galloway or some other test; and (3) whether, if the test from Lemon v. Kurtzman applies, the expenditure of funds for the routine upkeep and maintenance of a cross-shaped war memorial, without more, amounts to an excessive entanglement with religion in violation of the First Amendment.
- Gamble v. United States
  Whether the Supreme Court should overrule the “separate sovereigns” exception to the double jeopardy clause.
see all this term’s cases »
Recent Decisions
- Biestek v. Berryhill A vocational expert’s refusal to provide private market-survey data during a Social Security disability benefits hearing upon the applicant’s request does not categorically preclude the testimony from counting as “substantial evidence” in federal court under 42 U. S. C. §405(g).
- Bucklew v. Precythe Baze v. Rees and Glossip v. Gross govern all Eighth Amendment challenges alleging that a method of execution inflicts unconstitutionally cruel pain; Russell Bucklew’s as-applied challenge to Missouri’s single-drug execution protocol -- that it would cause him severe pain because of his particular medical condition -- fails to satisfy the Baze-Glossip test.
- Lorenzo v. Securities and Exchange Commission Dissemination of false or misleading statements with intent to defraud can fall within the scope of Securities and Exchange Commission Rules 10b–5(a) and (c), as well as the relevant statutory provisions, even if the disseminator cannot be held liable under Rule 10b–5(b).
- Republic of Sudan v. Harrison When civil process is served on a foreign state under the Foreign Sovereign Immunities Act of 1976, 28 U. S. C. §1608(a)(3) requires a mailing to be sent directly to the foreign minister’s office in the foreign state.
- Sturgeon v. Frost Alaska’s Nation River is not public land; and like all non-public lands and navigable waters within Alaska’s national parks, it is exempt under the Alaska National Interest Lands Conservation Act from the National Park Service’s ordinary regulatory authority.
see all this term’s cases »
Current Relists
- Altitude Express Inc. v. Zarda Whether the prohibition in Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2(a)(1), against employment discrimination “because of . . . sex” encompasses discrimination based on an individual’s sexual orientation.
- Barton v. Barr Whether a lawfully admitted permanent resident who is not seeking admission to the United States can be “render[ed] ... inadmissible” for the purposes of the stop-time rule, 8 U.S.C. § 1229b(d)(1).
- Bostock v. Clayton County, Georgia Whether discrimination against an employee because of sexual orientation constitutes prohibited employment discrimination “because of . . . sex” within the meaning of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2.
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Cases argued 63

Cases decided 31

Summary reversals 4

Merits cases granted to date 74

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Justice Thomas at Pepperdine Law School

On March 30, Justice Clarence Thomas spoke with former clerk Brittney Lane Kubisch and Pepperdine University President-elect James Gash at Pepperdine University School of Law. Thomas told the audience that he had no plans to retire from the Supreme Court.

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Cases argued	63
Cases decided	31
Summary reversals	4
Merits cases granted to date	74

Editor's Note :

HP Inc. v. Berkheimer

SCOTUSblog Coverage

Featured Posts

Academic highlight: Levitt on the collateral consequences of Department of Commerce v. New York – Amanda Frost

New rules mean tighter deadlines, fewer words – Amy Howe

Relist Watch: The Muller Report – John Elwood

Sponsored by Casetext

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Merits Case Pages and Archives

Major Cases

Recent Decisions

Current Relists

Conference of April 19, 2019

Recent Special Features

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Apr. 2019

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Videos see all

Peabody Award

Sigma Delta Chi

National Press Club Award

Silver Gavel Award

American Gavel Award

Webby Award