|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|15-1330||Fed. Cir.||N/A||N/A||N/A||N/A||OT 16|
Disclosure: Goldstein & Russell, P.C., whose attorneys contribute to this blog in various capacities, is among counsel to the petitioner in this case.
Issue: (1) Whether inter partes review violates Article III of the Constitution; and (2) whether IPR violates the Seventh Amendment to the Constitution.
|Date||Proceedings and Orders |
|Feb 18 2016||Application (15A872) to extend the time to file a petition for a writ of certiorari from March 1, 2016 to March 31, 2016, submitted to Justice Kennedy (The Chief Justice is recused).|
|Feb 24 2016||Application (15A872) granted by Justice Kennedy extending the time to file until March 31, 2016.|
|Mar 16 2016||Application (15A872) to extend further the time from March 31, 2016 to April 29, 2016, submitted to Justice Kennedy (The Chief Justice is recused).|
|Mar 21 2016||Application (15A872) granted by Justice Kennedy extending the time to file until April 29, 2016.|
|Apr 29 2016||Petition for a writ of certiorari filed. (Response due May 31, 2016)|
|May 6 2016||Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for petitioner.|
|May 25 2016||Order extending time to file response to petition to and including June 30, 2016, for all respondents.|
|May 27 2016||Brief amici curiae of 13 Law Professors filed.|
|May 31 2016||Brief amici curiae of Interdigital, Inc. and Tessera Technologies, Inc. filed.|
|May 31 2016||Brief amicus curiae of Houston Inventors Association filed.|
|May 31 2016||Brief amicus curiae of University of New Mexico filed.|
|May 31 2016||Brief amicus curiae of Institute of Electrical and Electronics Engineers, Inc. (IEE-USA) filed.|
|May 31 2016||Brief amicus curiae of New York Intellectual Property Law Association in support of neither party filed.|
|May 31 2016||Brief amicus curiae of Security People, Inc. filed.|
|May 31 2016||Brief amici curiae of Gary Lauder, et al. filed.|
|Jun 30 2016||Brief of respondent Hewlett-Packard Company in opposition filed.|
|Jun 30 2016||Brief of Federal Respondent in opposition filed.|
|Jul 20 2016||DISTRIBUTED for Conference of September 26, 2016.|
|Jul 20 2016||Reply of petitioner MCM Portfolio LLC filed. (Distributed)|
|Oct 3 2016||DISTRIBUTED for Conference of October 7, 2016.|
|Oct 11 2016||Petition DENIED.|
FWOTSC. You figure that one out.*
h/t to @marinklevy for the story and the always-entertaining threads.
#SCOTUS announces that it will hold a formal, although "purely ceremonial," investiture ceremony for Justice Amy Coney Barrett next Friday. Attendance at the ceremony is by invitation only, & press coverage will be pooled. Full announcement is here: https://www.supremecourt.gov/publicinfo/press/pressreleases/pr_09-24-21
Need a refresher on "cert before judgment" practice at SCOTUS? We've got you covered.
@steve_vladeck examined the practice (among other types of extraordinary relief) in 2018: https://www.scotusblog.com/2018/12/power-versus-discretion-extraordinary-relief-and-the-supreme-court/
And Kevin Russell wrote a detailed explainer in 2011:
Abortion providers in Texas return to Supreme Court, now asking the justices for immediate review on the merits of their challenge to the state’s six-week abortion ban (cert. before judgment)
The Supreme Court will have a new oral argument procedure when they return to the bench Oct. 4. There will be an opportunity for individual questioning by each justice in order of seniority.
Interesting new procedure for oral arguments when the justices return to in-person arguments next month. Does it increase the chances that we will continue to hear from Justice Thomas, who was an active participant using the taking-turns format? https://twitter.com/GregStohr/status/1440318536723812363
NEW: The Supreme Court just released its December argument calendar. Dobbs v. Jackson Women's Health Organization, the term's big abortion case, will be argued Dec. 1.
#SCOTUS will hear oral argument in Mississippi abortion case challenging Roe v. Wade on Dec. 1. Full December argument calendar is here: https://www.supremecourt.gov/oral_arguments/argument_calendars/MonthlyArgumentCalDecember2021.pdf
We noted yesterday that Justice Thomas was speaking at Notre Dame but that there was no livestream. A video of his speech is now posted: https://www.youtube.com/watch?v=-kb4bFYdujA
Thomas criticized the media and defended the court's independence. Seems to be a theme among the justices lately.
💥 Breyer continues book tour (including @colbertlateshow two nights ago).
💥 Barrett gave a speech Sunday @uofl.
💥 Thomas is slated to give the 2021 Tocqueville Lecture today @NotreDame (but, like Barrett's speech, there is apparently no livestream).