|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|10-290||Federal Cir.||Apr 18, 2011||Jun 9, 2011||8-0||Sotomayor||OT 2010|
Disclosure: Goldstein, Howe & Russell represent 3M Company et al. as amici curiae in support of respondents.
Holding: Section 282 of the Patent Act requires an invalidity defense to be proved by clear and convincing evidence. (Roberts, C.J., recused.)
Judgment: Affirmed, 8-0, in an opinion by Justice Sonia Sotomayor on June 9, 2011. Justice Breyer filed a concurring opinion, which was joined by Justices Scalia and Alito. Justice Thomas filed an opinion concurring in the judgment. (Roberts, C.J., recused).
NEW: The Justice Department, as expected, says it plans to ask the Supreme Court to block enforcement of the Texas law that bans abortions after six weeks of pregnancy.
NEW: Biden's commission studying proposals for Supreme Court reform has released 200+ pages of "discussion materials" in advance of its final report, slated to be issued next month. The materials are divided into five categories and are available here: https://www.whitehouse.gov/pcscotus/public-meetings/october-15-2021-pcscotus-meeting/
Curious: This morning the Supreme Court website had a dropdown menu option called “financial disclosure reports” (although nothing to see when you click on it). Now it’s gone
Today at SCOTUS: The Biden administration will appear before the justices asking to reinstate the death penalty for Boston Marathon bomber Dzhokhar Tsarnaev -- despite Biden's campaign pledge to end the death penalty and the DOJ's recent moratorium on federal executions.
Brett Kavanaugh was back on the bench today after participating in last week's arguments remotely due to his positive COVID test. Here's the full nine-person bench, in a sketch by @Courtartist.
#SCOTUS calls for the views of the US Solicitor General in Epic Systems v. Tata Consultancy Services, re whether a punitive damages award that complies with a state law that caps punitive damages passes constitutional muster