Patent Law And The Supreme Court: Certiorari Petitions Granted (June 2015)
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.
CSR PLC v. Azure Networks, LLC, No. 14-976
Question Presented:
Did the United States Court of Appeals for the Federal Circuit err in using a de novo standard of review instead of a "clear error" standard of review in reviewing the factual findings made by the United States District Court for the Eastern District of Texas while construing the term "MAC Address" as used in U.S. Patent No. 7,756,129?
Cert. petition filed 2/4/15, conference 4/17/15, GVR 4/20/15.
CAFC Opinion, CAFC Argument
WilmerHale represents petitioner Broadcom.
Shire Development, LLC v. Watson Pharmaceuticals, Inc., No. 14-206
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 findings in support of its construction of a patent claim term may be reviewed de novo, as the Federal Circuit currently requires, or only for clear error, as Rule 52(a) requires.
Cert. petition filed 8/18/14, conference 10/31/14, conference 1/23/15, GVR 1/26/15.
CAFC Opinion, CAFC Argument
Lighting Ballast Control LLC v. Universal Lighting Technologies, Inc., No. 13-1536
Questions Presented: In Cybor Corp. v. FAS Technologies, Inc., 138 F.3d 1448 (Fed. Cir. 1998) (en banc), the Federal Circuit construed this Court's decision in Markman v. Westview Instruments, Inc., 517 U.S. 370 (1996), to hold that patent claim construction presents a purely legal question subject to de novo review. In this case, the Federal Circuit granted en banc review to reconsider the widely criticized Cybor rule. In a 6-4 decision, it decided to adhere to its precedent on stare decisis grounds, which hold no sway in this Court. Shortly after the decision, this Court granted the petition for certiorari in Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc., No. 13-854 (Mar. 31, 2014), to consider the validity of the Cybor rule. This petition presents the same...
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