|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|10-1219||Federal Cir.||Jan 9, 2012||Apr 18, 2012||9-0||Thomas||OT 2011|
Holding: There are no limitations on a patent applicant’s ability to introduce new evidence in a 35 U.S.C. § 145 proceeding beyond those already present in the Federal Rules of Evidence and the Federal Rules of Civil Procedure. If new evidence is presented on a disputed question of fact, the district court must make de novo factual findings that take account of both the new evidence and the administrative record before the Patent and Trademark Office.
Judgment: Affirmed, 9-0, in an opinion by Justice Thomas on April 18, 2012. Justice Sotomayor filed a concurring opinion, in which Justice Breyer joined.
Merits Briefs for the Petitioner
Amicus Briefs in Support of the Petitioner
Amicus Briefs in Support of Neither Party
Merits briefs for the Respondent
Amicus briefs in support of the Respondent
Justice Sonia Sotomayor dissents, says immigrant is asking only for "the small grace, to which he is legally entitled, of being allowed to remain in the country while he pursues his substantial claims for relief" https://twitter.com/AHoweBlogger/status/1352779432881217537
#SCOTUS will not block deportation of Haitian immigrant with serious mental illness while he appeals to Fifth Circuit. https://www.supremecourt.gov/opinions/20pdf/20a111_8nj9.pdf
Today we Tok’d about cert petitions and the court’s private conference.
Tell us. How do you pronounce certiorari?
We expect orders from the court’s private conference today on Monday morning at 9:30 a.m. EST. Opinions at 10:00 a.m. EST.
Good news! The court will continue live audio streaming for its February sitting.
#SCOTUS announces that during the February argument session, which begins on 2/22, it will once again hear oral arguments by phone, w/live audio available to the public, b/c of COVID-19 pandemic: https://www.supremecourt.gov/publicinfo/press/pressreleases/pr_01-22-21
Check out the latest Relist Watch from @johnpelwood.
TEN new relists -- including 6 involving Pres. Trump/Trump Admin initiatives that strangely skipped the Jan. 15 conference: Emoluments Clause suits, Public Charge Rule, Title X abortion/counseling rule. Plus a call to revisit regulatory takings & Nevada's COVID restrictions. https://twitter.com/SCOTUSblogposts/status/1352358829317648384
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