|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|16-969||Fed. Cir.||Nov 27, 2017||Apr 24, 2018||5-4||Gorsuch||OT 2017|
Holding: When the United States Patent and Trademark Office institutes an inter partes review to reconsider an already-issued patent claim, under 35 U. S. C. §§311–319, it must decide the patentability of all of the claims the petitioner has challenged.
Judgment: Reversed and remanded, 5-4, in an opinion by Justice Gorsuch on April 24, 2018. Justice Ginsburg filed a dissenting opinion, in which Justices Breyer, Sotomayor, and Kagan joined. Justice Breyer filed a dissenting opinion, in which Justice Ginsburg and Sotomayor joined, and in which Justice Kagan joined except as to Part III-A.
|Date||Proceedings and Orders |
|Jan 31 2017||Petition for a writ of certiorari filed. (Response due March 6, 2017)|
|Feb 28 2017||Order extending time to file response to petition to and including April 5, 2017.|
|Apr 05 2017||Brief of Federal Respondents in opposition filed.|
|Apr 17 2017||Reply of petitioner SAS Institute Inc. filed.|
|Apr 19 2017||DISTRIBUTED for Conference of May 11, 2017.|
|May 15 2017||DISTRIBUTED for Conference of May 18, 2017.|
|May 22 2017||Petition GRANTED.|
|Jun 22 2017||The time to file the joint appendix and petitioner's brief on the merits is extended to and including July 20, 2017.|
|Jun 22 2017||The time to file respondents' brief on the merits is extended to and including September 5, 2017.|
|Jul 20 2017||Joint appendix filed. (2 Volumes) (Statement of costs filed)|
|Jul 20 2017||Brief of petitioner SAS Institute Inc. filed.|
|Jul 20 2017||Brief amicus curiae of Intellectual Property Owners Association filed.|
|Sep 05 2017||Brief of Federal Respondent filed.|
|Sep 05 2017||Brief of respondent ComplementSoft, LLC filed.|
|Sep 12 2017||Motion for divided argument filed by respondent ComplementSoft, LLC.|
|Sep 12 2017||Brief amicus curiae of Houston Intellectual Property Law Association filed.|
|Oct 05 2017||Reply of petitioner SAS Institute Inc. filed.|
|Oct 06 2017||SET FOR ARGUMENT ON Monday, November 27, 2017|
|Oct 10 2017||Motion for divided argument filed by respondent DENIED.|
|Oct 12 2017||CIRCULATED|
|Oct 18 2017||Record requested from the U.S.C.A. Federal Circuit.|
|Oct 18 2017||Record received from the U.S.C.A. Federal Circuit is electronic and located on PACER.|
|Nov 27 2017||Argued. For petitioner: Gregory A. Castanias, Washington, D. C. For respondents: Jonathan C. Bond, Assistant to the Solicitor General, Department of Justice, Washington, D. C.|
|Apr 24 2018||Judgment REVERSED and case REMANDED. Gorsuch, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Thomas, and Alito, JJ., joined. Ginsburg, J., filed a dissenting opinion, in which Breyer, Sotomayor, and Kagan, JJ., joined. Breyer, J., filed a dissenting opinion, in which Ginsburg and Sotomayor, JJ., joined, and in which Kagan, J., joined except as to Part III-A.|
|May 29 2018||JUDGMENT ISSUED.|
Having covered the Supreme Court for six decades, @lylden has seen a lot of changes at 1 First Street. In the latest piece in our series on the post-COVID court, Lyle examines how the court's pandemic operations could spur permanent reform.
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