Nautilus, Inc. v. Biosig Instruments, Inc.

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Nautilus, Inc. v. Biosig Instruments, Inc.

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Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
13-369	Fed. Cir.	Apr 28, 2014 Tr.Aud.	Jun 2, 2014	9-0	Ginsburg	OT 2013

Disclosure: Goldstein & Russell, P.C., whose attorneys contribute to this blog in various capacities, is among the counsel on an amicus brief in support of the respondent in this case.

Holding: A patent is invalid for indefiniteness if its claims, read in light of the patent’s specification and prosecution history, fail to inform, with reasonable certainty, those skilled in the art about the scope of the invention.

Judgment: Vacated and remanded, 9-0, in an opinion by Justice Ginsburg on June 2, 2014.

Opinion analysis: Justices take blue pencil to Federal Circuit opinions on definiteness (Ronald Mann)
A “view” from the Court: Bad news for the Federal Circuit, good news for Bond (Mark Walsh)
Argument recap: Justices seem to coalesce around “skilled artisan” standard for definiteness of patents (Ronald Mann)
Argument preview: Justices to wade into morass about “indefinite” claims in patents (Ronald Mann)
Petition of the day (Mary Pat Dwyer)

Date	Proceedings and Orders (key to color coding)
Aug 25 2013	Consent to the filing of amicus cuirae briefs, in support of either party or of neither party, received from counsel for the petiioner.
Sep 21 2013	Petition for a writ of certiorari filed. (Response due October 23, 2013)
Oct 3 2013	Order extending time to file response to petition to and including November 22, 2013.
Oct 23 2013	Brief amici curiae of Amazon.Com, Inc., et al. filed.
Oct 23 2013	Brief amici curiae of Public Knowledge, and The Electronic Frontier Foundation filed.
Nov 22 2013	Brief of respondent Biosig Instruments, Inc. in opposition filed.
Dec 10 2013	Reply of petitioner Nautilus, Inc. filed. (Distributed)
Dec 11 2013	DISTRIBUTED for Conference of January 10, 2014.
Jan 10 2014	Petition GRANTED.
Feb 11 2014	SET FOR ARGUMENT ON Monday, April 28, 2014
Feb 18 2014	Record received from U.S.C.A. Federal Circuit is electronic and located on PACER.
Feb 18 2014	Record received from U.S.D.C. Southern District of New York is Electronic and located on PACER. Record also received on 02/21/2014,(1 Envelope). Part of this record is SEALED and also have 1 Exhibit filed electronically (Not PACER).
Feb 24 2014	Joint appendix filed. (Statement of costs filed)
Feb 24 2014	Brief of petitioner Nautilus, Inc. filed.
Feb 26 2014	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner.
Feb 27 2014	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondent.
Feb 28 2014	Brief amicus curiae of AARP filed.
Mar 3 2014	Brief amici curiae of Amazon.Com, Inc., et al. filed.
Mar 3 2014	Brief amicus curiae of Sigram Schindler Beteiligungsgesellschaft mbH in support of neither party filed.
Mar 3 2014	Brief amicus curiae of The Intellectual Property Law Association of Chicago in support of neither party filed.
Mar 3 2014	Brief amicus curiae of Yahoo! Inc. filed.
Mar 3 2014	Brief amicus curiae of Professor S. Menell in support of neither party filed.
Mar 3 2014	Brief amicus curiae of Microsoft Corporation filed.
Mar 3 2014	Brief amicus curiae of American Bar Association in support of neither party filed.
Mar 3 2014	Brief amici curiae of Nova Chemicals Inc., et al. filed.
Mar 3 2014	Brief amicus curiae of Intellectual Property Owners Association in support of neither party filed.
Mar 3 2014	Brief amici curiae of Electronic Frontier Foundation and Public Knowledge filed.
Mar 3 2014	Brief amicus curiae of American Intellectual Property Law Association in support of neither party filed.
Mar 10 2014	CIRCULATED.
Mar 10 2014	Motion for leave to file amicus brief filed by Ananda M. Chakrabarty Ph.D.
Mar 24 2014	Motion for leave to file amicus brief filed by Ananda M. Chakrabarty Ph.D. GRANTED.
Mar 26 2014	Brief of respondent Biosig Instruments, Inc. filed. (Distributed)
Apr 2 2014	Brief amicus curiae of the United States filed. (Distributed)
Apr 2 2014	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Apr 2 2014	Brief amici curiae of Nokia Corporation and Nokia USA Inc. filed. (Distributed)
Apr 2 2014	Brief amicus curiae of Biotechnology Industry Organization filed. (Distributed)
Apr 2 2014	Brief amicus curiae of Interval Licensing LLC filed. (Distributed)
Apr 14 2014	Reply of petitioner Nautilus, Inc. filed. (Distributed)
Apr 18 2014	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Apr 28 2014	Argued. For petitioner: John D. Vandenberg, Portland, Ore. For respondent: Mark D. Harris, New York, N. Y.; and Curtis E. Gannon, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)
Jun 2 2014	Judgment VACATED and case REMANDED. Ginsburg, J., delivered the opinion for a unanimous Court.
Jul 7 2014	Judgment issued.
Jul 9 2014	Record Returned for U.S.D.C. Southern District of New York.

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This Week at the Court
On Monday, the Supreme Court released orders from the June 20 conference; the justices granted eight new cases, for a total of five hours of oral argument next term: Guerrero-Lasprilla v. Barr, Ovalles v. Barr, Dex Media Inc. v. Click-To-Call Technologies, LP, Maine Community Health Options v. United States, Moda Health Plan Inc. v. United States, Land of Lincoln Mutual Health Insurance Co. v. United States, Georgia v. Public.Resource.Org Inc. and Banister v. Davis.
Also on Monday, the justices released their opinions in four argued cases: United States v. Davis, Food Marketing Institute v. Argus Leader Media, Iancu v. Brunetti and The Dutra Group v. Batterton.
On Wednesday, the justices released their opinions in three argued cases: United States v. Haymond, Kisor v. Wilkie, and Tennessee Wine & Spirits Retailers Association v. Thomas.
On Thursday, the Supreme Court will release its final opinions for the term.
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
  Auer v. Robbins and Bowles v. Seminole Rock & Sand Co – under which deference is given to an agency’s reasonable reading of its own genuinely ambiguous regulations – are not overruled.
- 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
  The Bladensburg Cross does not violate the establishment clause of the First Amendment.
- Gamble v. United States
  The dual-sovereignty doctrine – under which two offenses are not the “same offence” for double jeopardy purposes if prosecuted by separate sovereigns – is upheld.
see all this term’s cases »
Recent Decisions
- Kisor v. Wilkie Auer v. Robbins and Bowles v. Seminole Rock & Sand Co – under which deference is given to an agency’s reasonable reading of its own genuinely ambiguous regulations – are not overruled.
- Tennessee Wine & Spirits Retailers Association v. Thomas Tennessee’s 2-year durational-residency requirement applicable to retail liquor store license applicants violates the commerce clause and is not saved by the 21st Amendment.
- United States v. Haymond The U.S. Court of Appeals for the 10th Circuit’s judgment – that 18 U. S. C. §3583(k)’s last two sentences are unconstitutional and unenforceable – is vacated, and the case is remanded.
- Food Marketing Institute v. Argus Leader Media Where commercial or financial information is both customarily and actually treated as private by its owner and provided to the government under an assurance of privacy, the information is “confidential” within the meaning of 5 U. S. C. §552(b)(4), the Freedom of Information Act’s Exemption 4.
- Iancu v. Brunetti The Lanham Act prohibition on the registration of “immoral” or “scandalous” trademarks infringes the First Amendment.
- The Dutra Group v. Batterton A plaintiff may not recover punitive damages on a maritime claim of unseaworthiness.
- United States v. Davis Title 18 U. S. C. §924(c)(3)(B), which provides enhanced penalties for using a firearm during a “crime of violence,” is unconstitutionally vague.
see all this term’s cases »
Current Relists
- Atlanta Gas Light Co. v. Bennett Regulator Guards Inc. (1) Whether the U.S. Court of Appeals for the Federal Circuit erred in concluding that it had jurisdiction to review the Patent Trial and Appeal Board’s decision to institute inter partes review of respondent’s patent over respondent’s objection that it was time-barred; and (2) whether the U.S. Court of Appeals for the Federal Circuit erred when it rejected the longstanding principle that a dismissal without prejudice leaves the parties as if a suit had never been brought, splitting the circuits.
- Department of Homeland Security v. Regents of the University of California (1) Whether the Department of Homeland Security’s decision to wind down the Deferred Action for Childhood Arrivals policy is judicially reviewable; and (2) whether DHS’s decision to wind down the DACA policy is lawful.
- Kelly v. United States Whether a public official “defraud[s]” the government of its property by advancing a “public policy reason” for an official decision that is not her subjective “real reason” for making the decision.
More Petitions »
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Cases argued 69

Cases decided 66

Summary reversals 5

Merits cases granted to date 74

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Cases argued	69
Cases decided	66
Summary reversals	5
Merits cases granted to date	74

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