|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|17-1594||Fed. Cir.||Feb 19, 2019||Jun 10, 2019||6-3||Sotomayor||OT 2018|
Holding: The federal government is not a “person” capable of petitioning the Patent Trial and Appeal Board to institute patent review proceedings under the Leahy-Smith America Invents Act.
Judgment: Reversed and remanded, 6-3, in an opinion by Justice Sotomayor on June 10, 2019. Justice Breyer filed a dissenting opinion, in which Justices Ginsburg and Kagan joined.
|Date||Proceedings and Orders |
|Feb 16 2018||Application (17A879) to extend the time to file a petition for a writ of certiorari from March 15, 2018 to May 14, 2018, submitted to The Chief Justice.|
|Feb 28 2018||Application (17A879) granted by The Chief Justice extending the time to file until May 14, 2018.|
|May 14 2018||Petition for a writ of certiorari filed. (Response due June 25, 2018)|
|Jun 12 2018||Blanket Consent filed by Petitioner, Return Mail, Inc..|
|Jun 22 2018||Motion to extend the time to file a response from June 25, 2018 to July 25, 2018, submitted to The Clerk.|
|Jun 22 2018||Motion to extend the time to file a response is granted and the time is extended to and including July 25, 2018.|
|Jun 25 2018||Brief amicus curiae of Kenneth O. Simon filed.|
|Jun 25 2018||Brief amici curiae of 15 Law Professors filed.|
|Jul 17 2018||Motion to extend the time to file a response from July 25, 2018 to August 24, 2018, submitted to The Clerk.|
|Jul 18 2018||Motion to extend the time to file a response is granted and the time is further extended to and including August 24, 2018.|
|Aug 13 2018||Motion to extend the time to file a response from August 24, 2018 to September 7, 2018, submitted to The Clerk.|
|Aug 13 2018||Motion to extend the time to file a response is granted and the time is further extended to and including September 7, 2018.|
|Sep 07 2018||Brief of respondents United States Postal Service, et al. in opposition filed.|
|Sep 21 2018||Reply of petitioner Return Mail, Inc. filed.|
|Sep 26 2018||DISTRIBUTED for Conference of 10/12/2018.|
|Oct 22 2018||DISTRIBUTED for Conference of 10/26/2018.|
|Oct 26 2018||Petition GRANTED limited to Question 1 presented by the petition.|
|Nov 26 2018||Motion to dispense with printing the joint appendix filed by petitioner Return Mail, Inc.|
|Dec 10 2018||Motion to dispense with printing the joint appendix filed by petitioner GRANTED.|
|Dec 10 2018||Brief of petitioner Return Mail, Inc. filed.|
|Dec 17 2018||Brief amicus curiae of Pharmaceutical Research and Manufacturers of America filed.|
|Dec 17 2018||Brief amici curiae of The Cato Institute and Professor Gregory Dolin filed.|
|Dec 17 2018||Brief amicus curiae of Intellectual Property Owners Association in support of neither party filed.|
|Dec 17 2018||Brief amicus curiae of New York Intellectual Property Law Association in support of neither party filed.|
|Dec 17 2018||Brief amicus curiae of American Intellectual Property Law Association in support of neither party filed.|
|Dec 17 2018||Brief amici curiae of Seven Law Professors filed.|
|Dec 17 2018||Brief amicus curiae of Chamber of Commerce of the United States of America filed.|
|Dec 21 2018||SET FOR ARGUMENT on Wednesday, February 20, 2019.|
|Jan 09 2019||Brief of respondents United States Postal Service, et al. filed.|
|Jan 11 2019||Record requested from the U.S.C.A. Federal Circuit.|
|Jan 15 2019||CIRCULATED|
|Jan 15 2019||Brief amicus curiae of R Street Institute filed. (Distributed)|
|Jan 15 2019||Record from the U.S. Patent and Trademark Office is located on the U.S. Patent and Trademark Office web site. Instructions to access the record is electronic. The record is complete.|
|Jan 16 2019||Brief amicus curiae of Professor Tejas N. Narechania filed. (Distributed)|
|Jan 16 2019||Motion for leave to file amicus brief filed by Electronic Frontier Foundation.|
|Jan 23 2019||RESCHEDULED FOR ARGUMENT ON Tuesday, February 19, 2019.|
|Jan 23 2019||Record from the U.S.C.A. Federal Circuit is electronic and located on PACER. The record is complete.|
|Feb 08 2019||Reply of petitioner Return Mail, Inc. filed. (Distributed)|
|Feb 19 2019||Motion for leave to file amicus brief filed by Electronic Frontier Foundation GRANTED.|
|Feb 19 2019||Argued. For petitioner: Beth S. Brinkmann, Washington, D. C. For respondents: Malcolm L. Stewart, Deputy Solicitor General, Department of Justice, Washington, D. C.|
|Jun 10 2019||Judgment REVERSED and case REMANDED. Sotomayor, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Alito, Gorsuch, and Kavanaugh, JJ., joined. Breyer, J., filed a dissenting opinion, in which Ginsburg and Kagan, JJ., joined.|
|Jul 12 2019||JUDGMENT ISSUED.|
#SCOTUS does not take up 2nd question in the case, on whether to overrule its 2020 decision in McGirt v. Oklahoma. Full order is here: https://www.supremecourt.gov/orders/courtorders/012122zr_3f14.pdf https://twitter.com/AHoweBlogger/status/1484606315519516675
#SCOTUS grants one new case, sets it for argument in April: Oklahoma v. Castro-Huerta, on whether a state has authority to prosecute non-Indians who commit crimes against Indians in Indian country.
More opinions coming on Monday.
#SCOTUS website indicates that the Court is expected to release more opinions on Monday morning at 10 am.
The next #SCOTUS grants? Kevin McCarthy v. Nancy Pelosi in a fight over congressional proxy voting; the First Amendment-based ministerial exception to employment law returns; nondelegation doctrine (!); and the constitutionality of the FTC's structure.
Revenge of the rescheduled cases: Congressional proxy voting, the ministerial exception, and more - SCOTUSblog
The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming con...
JUST IN: The Supreme Court, over dissents from the three liberal justices, rejects a request from Texas abortion clinics to immediately return the litigation over Texas' six-week abortion law to a federal district court.
The Supreme Court issues a single opinion today, ruling in an 8-1 vote that a criminal defendant's rights were violated under the Sixth Amendment's confrontation clause when the government introduced a plea allocution from another proceeding. https://www.supremecourt.gov/opinions/21pdf/20-637_10n2.pdf
Today at SCOTUS: We expect one or more opinions in argued cases to be issued starting at 10 a.m. EST. At 9:45, we'll fire up our live blog, where we'll also chat about this week's arguments and last night's ruling on Trump records. Grab your ☕️ & join us!
Announcement of opinions for Thursday, Jan. 20 - SCOTUSblog
On Thursday, January 20, we will be live blogging as the court releases opinions in one or more argued cases f...