Commil USA, LLC v. Cisco Systems, Inc.
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 13-896 | Fed. Cir. | Mar 31, 2015 | May 26, 2015 | 6-2 | Kennedy | OT 2014 |
Holding: A defendant"s belief regarding patent validity is not a defense to an induced infringement claim.
Judgment: Vacated and remanded, 6-2, in an opinion by Justice Kennedy on May 26, 2015. Justice Scalia filed a dissenting opinion, in which Chief Justice Roberts joined. Justice Breyer took no part in the consideration or decision of the case.
SCOTUSblog Coverage
- Opinion analysis: Justices eat their own words in dispute about inducing patent infringement (Ronald Mann, May 27, 2015)
- Argument analysis: Justices debate intent to induce patent infringement (again) (Ronald Mann, April 1, 2015)
- Court to rule on license plate messages, two other cases (Lyle Denniston, December 5, 2014)
| Date | Proceedings and Orders |
|---|---|
| 01/23/2014 | Petition for a writ of certiorari filed. (Response due February 27, 2014) |
| 02/03/2014 | Order extending time to file response to petition to and including March 31, 2014. |
| 03/31/2014 | Brief of respondent Cisco Systems, Inc. in opposition filed. |
| 05/06/2014 | DISTRIBUTED for Conference of May 22, 2014. |
| 05/27/2014 | The Solicitor General is invited to file a brief in this case expressing the views of the United States. Justice Breyer took no part in the consideration or decision of this petition. |
| 10/16/2014 | Brief amicus curiae of United States filed. VIDED. |
| 10/31/2014 | Supplemental brief of respondent Cisco Systems, Inc. filed. VIDED. |
| 10/31/2014 | Reply of petitioner Commil USA, LLC filed. VIDED. |
| 11/03/2014 | DISTRIBUTED for Conference of November 25, 2014. |
| 12/01/2014 | DISTRIBUTED for Conference of December 5, 2014. |
| 12/05/2014 | Petition GRANTED limited to Question 1 presented by the petition. Justice Breyer took no part in the consideration or decision of this petition. |
| 01/20/2015 | Brief of petitioner Commil USA, LLC filed. |
| 01/20/2015 | Joint appendix filed. (Statement of costs filed.) |
| 01/26/2015 | Brief amicus curiae of Gilead Sciences, Inc. filed. |
| 01/26/2015 | Brief amicus curiae of Intellectual Property Owners Association filed. |
| 01/27/2015 | Brief amicus curiae of United States filed. |
| 01/27/2015 | Brief amicus curiae of AbbVie Inc. filed. |
| 01/27/2015 | Brief amicus curiae of American Intellectual Property Law Association in support of neither party filed. |
| 01/27/2015 | Brief amicus curiae of Pharmaceutical Research and Manufacturers of America filed. |
| 01/27/2015 | Brief amicus curiae of MUSC Foundation for Research Development filed. |
| 01/27/2015 | Brief amicus curiae of Biotechnology Industry Organization filed. |
| 02/02/2015 | SET FOR ARGUMENT ON Tuesday, March 31, 2015 |
| 02/03/2015 | Record requested from U.S.C.A. Federal Circuit. |
| 02/04/2015 | Record received from U.S.C.A. Federal Circuit is electronic and located on PACER. |
| 02/12/2015 | CIRCULATED |
| 02/19/2015 | Brief of respondent Cisco Systems, Inc. filed. (Distributed) |
| 02/20/2015 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| 02/24/2015 | Brief amici curiae of Public Knowledge, et al. filed. |
| 02/25/2015 | Brief amici curiae of Sixteen Intellectual Property Law Professors filed. (Distributed). |
| 02/26/2015 | Brief amici curiae of EMC Corporation, et al. filed. (Distributed) |
| 02/26/2015 | Brief amicus curiae of Computer & Communications Industry Association filed. (Distributed) |
| 02/26/2015 | Brief amici curiae of DeLorme, et al. filed. (Distributed) |
| 02/26/2015 | Brief amicus curiae of Generic Pharmaceutical Association filed. (Distributed) |
| 02/26/2015 | Brief amicus curiae of Electronic Frontier Foundation filed. (Distributed) |
| 02/26/2015 | Brief amicus curiae of Askeladden L.L.C. filed. (Distributed) |
| 02/26/2015 | Brief amicus curiae of Professor Saurabh Vishnubhakat filed. (Distributed) |
| 03/20/2015 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. Justice Breyer took no part in the consideration or decision of this motion. |
| 03/20/2015 | Reply of petitioner Commil USA, LLC filed. (Distributed) |
| 03/31/2015 | Argued. For petitioner: Mark S. Werbner, Dallas, Tex.; and Ginger D. Anders, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondent: Seth P. Waxman, Washington, D. C. |
| 05/26/2015 | Judgment VACATED and case REMANDED. Kennedy, J., delivered the opinion of the Court, in which Ginsburg, Alito, Sotomayor, and Kagan, JJ., joined, and in which Thomas, J., joined as to Parts II-B and III. Scalia, J., filed a dissenting opinion, in which Roberts, C. J., joined. Breyer, J., took no part in the consideration or decision of the case. |
| 06/29/2015 | JUDGMENT ISSUED. |