| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 15-777 | Fed. Cir. | Oct 11, 2016 | Dec 6, 2016 | 8-0 | Sotomayor | OT 2016 |
Disclosure: Goldstein & Russell, P.C., whose attorneys contribute to this blog in various capacities, is among the counsel to the petitioners in this case.
Holding: In the case of a multicomponent product, the relevant article of manufacture for arriving at a damages award under Section 289 of the Patent Act need not be the end product sold to the consumer but may be only a component of that product.
Judgment: Reversed and remanded, 8-0, in an opinion by Justice Sotomayor on December 6, 2016.
| Date | Proceedings and Orders |
|---|---|
| Oct 19 2015 | Application (15A421) to extend the time to file a petition for a writ of certiorari from November 11, 2015 to December 14, 2015, submitted to The Chief Justice. |
| Oct 20 2015 | Application (15A421) granted by The Chief Justice extending the time to file until December 14, 2015. |
| Dec 14 2015 | Petition for a writ of certiorari filed. (Response due January 15, 2016) |
| Dec 21 2015 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioners. |
| Jan 4 2016 | Order extending time to file response to petition to and including February 16, 2016. |
| Jan 14 2016 | Brief amici curiae of Public Knowledge, et al. filed. |
| Jan 15 2016 | Brief amici curiae of The Hispanic Leadership Fund, et al. filed. |
| Jan 15 2016 | Brief amici curiae of Dell Inc., et al. filed. |
| Jan 15 2016 | Brief amici curiae of 37 Intellectual Property Professors filed. |
| Jan 15 2016 | Brief amicus curiae of The Computer & Communications Industry Association filed. |
| Jan 15 2016 | Brief amicus curiae of Systems, Inc. filed. |
| Feb 3 2016 | Brief of respondent Apple Inc. in opposition filed. |
| Feb 16 2016 | Reply of petitioner Samsung Electronics Co., Ltd. filed. |
| Feb 17 2016 | DISTRIBUTED for Conference of March 4, 2016. |
| Mar 14 2016 | DISTRIBUTED for Conference of March 18, 2016. |
| Mar 21 2016 | Petition GRANTED limited to Question 2 presented by the petition. |
| Apr 5 2016 | The time to file the joint appendix and petitioners' brief on the merits is extended to and including June 1, 2016. |
| Apr 5 2016 | The time to file respondent's brief on the merits is extended to and including July 29, 2016. |
| May 18 2016 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioners. |
| Jun 1 2016 | Joint appendix filed. (2 Volumes) |
| Jun 1 2016 | Brief of petitioners Samsung Electronics Co., Ltd., et al. filed. |
| Jun 7 2016 | Brief amici curiae of Public Knowledge, et al. filed. |
| Jun 8 2016 | Brief amicus curiae of the United States in support of neither party filed. |
| Jun 8 2016 | Brief amicus curiae of BSA I The Software Alliance in support of neither party filed. |
| Jun 8 2016 | Brief amicus curiae of Nike, Inc. in support of neither party filed. |
| Jun 8 2016 | Brief amicus curiae of Software Freedom Law Center filed. |
| Jun 8 2016 | Brief amici curiae of The Internet Association, et al. filed. |
| Jun 8 2016 | Brief amicus curiae of The Computer & Communications Industry Association filed. |
| Jun 8 2016 | Brief amicus curiae of Association of the Bar of the City of New York in support of neither party filed. |
| Jun 8 2016 | Brief amici curiae of Engine Advocacy and Shapeways, Inc. filed. |
| Jun 8 2016 | Brief amici curiae of 50 Intellectual Property Professors, David Abrams, et al. filed. |
| Jun 8 2016 | Brief amicus curiae of Industrial Designers Society of America in support of neither party filed. |
| Jun 8 2016 | Brief amici curiae of The Hispanic Leadership Fund, et al. filed. |
| Jul 13 2016 | SET FOR ARGUMENT on Tuesday, October 11, 2016. |
| Jul 22 2016 | Record requested from U.S.C.A. Federal Circuit. |
| Jul 22 2016 | Records received from U.S.C.A. Federal Circuit is electronic and located on PACER. Also received is a confidential Joint Appendix not available on PACER is also electronic. |
| Jul 22 2016 | Record received from U.S.D.C. Northern District of California is electronic and located on PACER. |
| Jul 29 2016 | Brief of respondent Apple Inc. filed. |
| Aug 4 2016 | Brief amici curiae of 113 Distinguished Industrial Design Professionals and Educators filed. |
| Aug 4 2016 | Brief amicus curiae of American Intellectual Property Law Association filed. |
| Aug 5 2016 | Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| Aug 5 2016 | Brief amicus curiae of Crocs, Inc. filed. (Distributed). |
| Aug 5 2016 | Brief amicus curiae of Nordock, Inc. filed. (Distributed) |
| Aug 5 2016 | Brief amici curiae of Tiffany and Company, et al. filed. (Distributed) |
| Aug 5 2016 | Brief amicus curiae of Boston Patent Law Association filed. (Distributed) |
| Aug 5 2016 | Brief amici curiae of Intellectual Property Professors filed. (Distributed). |
| Aug 5 2016 | Brief amicus curiae of ACT | The App Association filed. (Distributed) |
| Aug 5 2016 | Brief amici curiae of Bison Designs, LLC, et al. filed. (Distributed) |
| Aug 5 2016 | Brief amicus curiae of Roger Cleveland Golf Company, Inc. filed. (Distributed) |
| Aug 9 2016 | CIRCULATED |
| Aug 29 2016 | Reply of petitioners Samsung Electronics Co., Ltd., et al. filed. (Distributed) |
| Sep 26 2016 | Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. |
| Oct 11 2016 | Argued. For petitioners: Kathleen M. Sullivan, New York, N. Y. For United States, as amicus curiae: Brian H. Fletcher, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondent: Seth P. Waxman, Washington, D. C. |
| Dec 6 2016 | Judgment REVERSED and case REMANDED. Sotomayor, J., delivered the opinion for a unanimous Court. |
| Jan 9 2017 | JUDGMENT ISSUED. |