Federal Judiciary

Petition of the day

By Conor McEvily

Today’s first petition of the day is:

Title: Microsoft v. I4I Limited Partnership
Docket: 10-290
Issue(s): Whether the invalidity defense provided for in the Patent Act, 35 U.S.C. § 28, must be proved by clear and convincing evidence.

Certiorari-Stage Documents:

• Opinion below (Federal Circuit)
• Petition for certiorari
• Amicus brief of Google Inc., et al.

Today’s second petition of the day is:

Title: Hall v. Ward
Docket: 10-288
Issue(s): (1) Whether the Eleventh Circuit misapplied 28 U.S.C. § 2254(e)(1) by failing to give any deference to the state habeas court's factual findings on a habeas petitioner's juror/bailiff misconduct claim; and (2) whether the Eleventh Circuit's finding of prejudice conflicts with Supreme Court precedent insofar as it found that the habeas petitioner failed to establish that the trial court did not answer any question posed by the jury, and when it disregarded the factual findings of the state habeas court that any information provided to the jury was not reversible error; and (3) whether the Eleventh Circuit's decision, which relied on evidence that was not admitted to assess prejudice and harm, conflicts with Supreme Court and circuit precedent.

Certiorari-Stage Documents:

• Opinion below (11th Circuit)
• Petition for certiorari

Today’s third petition of the day is:

Title: Innovative Therapies v. Kinetic Concepts
Docket: 10-287
Issue(s): (1) Whether Article III's grant of jurisdiction of ?all Cases ? arising under ? the Laws of the United States,? implemented in the ?actual controversy? requirement of the Declaratory Judgment Act, 28 U.S.C. § 2201(a), requires a patentee to direct an affirmative act toward a potential infringer for declaratory judgment subject matter jurisdiction to exist; and (2) whether Article III's grant of jurisdiction of ?all Cases ? arising under ? the Laws of the United States,? implemented in the ?actual controversy? requirement of the Declaratory Judgment Act, 28 U.S.C. § 2201(a), requires that a patentee be able to sue a potential infringer before declaratory judgment subject matter jurisdiction can exist; and (3) what are the limits of a district court's discretion to dismiss a declaratory judgment complaint under the Declaratory Judgment Act, 28 U.S.C. § 2201(a), despite the existence of an actual controversy.

Certiorari-Stage Documents:

• Opinion below (Federal Circuit)
• Petition for certiorari

Full post as published by SCOTUSBLOG on September 29, 2010 (boomark / email).