WilmerHale compiles lists of certiorari petitions that raise patent-law issues. This page contains a consolidated list of all recently granted petitions, organized in reverse chronological order by date of certiorari petition.
WildTangent, Inc. v.
Ultramercial, LLC, et al., No. 13-255
Question Presented: When is a patent's reference to a computer, or computer-implemented service like the Internet, sufficient to make an unpatentable abstract concept patent eligible under 35 U.S.C. § 101? Cert. petition filed 8/23/13, waiver by respondent Ultramercial, LLC filed 11/6/13, conference 12/6/13, response requested 12/6/13, conference 1/24/14, conference 6/26/14, GVR 6/30/14. |
Kobe Properties Sarl, et al. v.
Checkpoint Systems, Inc., No. 13-788
Questions Presented: The Patent Act provides that a "court in exceptional cases may award reasonable attorney fees to the prevailing party." 35 U.S.C. § 285. Recent decisions by the Federal Circuit have held that, in the absence of litigation misconduct or misconduct in securing the patent, a case can be deemed "exceptional" if it is both objectively baseless and brought in bad faith. After living with this case for more than ten years, including overseeing a two-week jury trial, the District Court found that this case was objectively baseless and brought in bad faith, and awarded the defendants all of their fees. In its very first application of its decision in Highmark, Inc. v. Allcare Health Mgmt. Sys., Inc., 687 F.3d 1300 (Fed. Cir. 2012), the Federal Circuit panel gave no deference to the District Court's objective baselessness and exceptional case determinations and reversed. App. 15. The Federal Circuit subsequently denied rehearing and rehearing en banc. The questions presented are:[FN1] FN1. These are the same questions presented in the petitions for writ of certiorari filed in Highmark, supra, and in Octane Fitness, LLC v. Icon Health & Fitness, Inc., No. 12-1184. This Court granted certiorari in both of those cases on October 1, 2013, 134 S. Ct. 48 (2013), 134 S. Ct. 49 (2013), and they are now pending before this Court.
Cert. petition filed 12/30/13, conference 4/18/14, conference 5/2/14, GVR 5/5/14. |
LG Electronics, Inc., et al. v.
InterDigital Communications, LLC, et al., No. 13-796
Questions Presented:
Cert. petition filed 12/31/13, waiver of respondent International Trade Commission filed 3/19/14, conference 4/18/14, GVR 4/21/14. |
Teva Pharmaceuticals USA, Inc.
et al., v. Sandoz, Inc., et al., No. 13-854
Question Presented: Rule 52(a) of the Federal Rules of Civil Procedure provides that in matters tried to a district court, the court's "[f]indings of fact ... must not be set aside unless clearly erroneous." The question presented is as follows: Whether a district court's factual finding in support of its construction of a patent claim term may be reviewed de novo, as the Federal Circuit requires (and as the panel explicitly did in this case), or only for clear error, as Rule 52(a) requires. Cert. petition filed 1/10/14, conference 3/7/14, conference 3/21/14, conference 3/28/14, cert. petition granted 3/31/14. Amicus Briefs Brief for the American Bar Association in Support
of Neither Party |
Nautilus, Inc. v.
Biosig Instruments, Inc., No. 13-369
Questions Presented:
CAFC Opinion, CAFC Argument Merits Briefs Brief for Petitioner, Nautilus, Inc. Amicus Briefs Brief for AARP in Support of Petitioner |
Limelight
Networks, Inc. v. Akamai Technologies, Inc., et al., No.
12-786, vide 12-800
Question Presented: Akamai holds a patent claiming a method involving redirecting
requests for Internet content and selecting optimal servers. The
Federal Circuit acknowledged that neither Limelight nor customers
using Limelight's service directly infringe Akamai's patent
under 35 U.S.C. § 271(a) because no one performs all the steps
of the patented method. App. 6a, 30a. The Federal Circuit
nevertheless held that Limelight could be liable, under 35 U.S.C.
§ 271(b), for inducing infringement if (1) it knew of
Akamai's patent; (2) it performed all but one of the steps of
the method; (3) it induced its customers to perform the final step
of the claimed method; and (4) the customers performed that step.
App. 30a. The question presented is: The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances. |