|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|16-1102||Fed. Cir.||N/A||N/A||N/A||N/A||OT 2017|
Issues: (1) Whether the court's decisions in Graham v. John Deere Co. and KSR International Co. v. Teleflex Inc. require a court to hold patents obvious as a matter of law under 35 U.S.C. § 103 where the patents make at most trivial advances over technologies well-known to a person of skill in the art; (2) whether the court's decision in eBay Inc. v. MercExchange, L.L.C. requires application of the four-factor test for injunctions in accordance with traditional equitable principles, and therefore requires more than merely “some connection” between an infringing feature and asserted irreparable harm to support issuance of an injunction for patent infringement; and (3) whether the court's decision in Warner-Jenkinson Co. v. Hilton Davis Chemical Co. requires evidence that an accused product meets all elements of the relevant claim to support entry of a judgment of patent infringement. CVSG: 10/04/2017
|Date||Proceedings and Orders |
|Feb 17 2017||Application (16A823) to extend the time to file a petition for a writ of certiorari from February 26, 2017 to March 29, 2017, submitted to The Chief Justice.|
|Feb 21 2017||Application (16A823) granted by The Chief Justice extending the time to file until March 29, 2017.|
|Mar 10 2017||Petition for a writ of certiorari filed. (Response due April 10, 2017)|
|Mar 30 2017||Order extending time to file response to petition to and including May 22, 2017.|
|Apr 10 2017||Brief amici curiae of Public Knowledge, et al. filed.|
|Apr 10 2017||Brief amici curiae of The Hispanic Leadership Fund, et al. filed.|
|Apr 10 2017||Brief amici curiae of The Software & Information Industry Association, et al. filed.|
|Apr 10 2017||Brief amicus curiae of Intellectual Property Professors filed.|
|May 22 2017||Brief of respondent Apple Inc. in opposition filed.|
|Jun 05 2017||Reply of petitioners Samsung Electronics Co., et al. filed.|
|Jun 06 2017||DISTRIBUTED for Conference of June 22, 2017.|
|Jun 26 2017||The Acting Solicitor General is invited to file a brief in this case expressing the views of the United States.|
|Oct 04 2017||Brief amicus curiae of United States filed.|
|Oct 17 2017||Supplemental brief of petitioners Samsung Electronics Co., Ltd., et al. filed.|
|Oct 18 2017||DISTRIBUTED for Conference of 11/3/2017.|
|Nov 06 2017||Petition DENIED.|
#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).
Incidentally, Gorsuch had been scheduled to give a speech at the University of Wyoming today, but his visit was canceled due to COVID.
Nothing from Kagan or Gorsuch though 😢 https://twitter.com/SCOTUSblog/status/1438530948207874050