Live blog of orders and opinions | January 22, 2019
We live-blogged as the Supreme Court released orders from the January 18 conference and its opinion in Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA Inc.
3rd & 7 37yd
3rd & 7 37yd
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Here's John Elwood's "Relist Watch," looking at cases relisted for this conference.
Relist Watch - SCOTUSblog
SCOTUSblogJohn Elwood reviews Monday’s relists. I’m traveling today, so I’m going to be more summary than usual. The April calendar already appears to have a full complement of 12 cases, but the court in theory could add to it with this Friday’s grants. Admittedly, if it does so, petitioners won’t have the -
The justices considered some major cases at Friday's conference, including cases involving the administration's effort to end the DACA program, a challenge to Indiana's restrictive abortion law, a gun case from New York, the transgender military ban, and whether federal employment discrimination cases apply to LBQT people.
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The justices also finally denied review in a pair of cases out of Oklahoma in which two death row inmates sought to reopen challenges to their sentences based on a study suggesting racial bias in the state's capital sentencing scheme. The petitions were filed in November 2017 and had been repeatedly rescheduled before finally being denied today.
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Might the fact that today's cert grant was not made Friday indicate that the Justices are pretty much done with grants for cases to be heard this term? (An extra weekend to prepare would be irrelevant to an October argument, but a Friday grant would have given the parties and the court an extra few days to prepare for an argument this term).
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The issue in this case is whether the sale of an invention to a third party who is contractually obligated to keep the invention confidential places the invention "on sale" within the meaning of the Leahy-Smith America Invents Act, which bars someone from getting a patent on an invention that was on sale before the filing date.
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Here is the opinion in Helsinn Healthcare v. Teva. Columbia Law's Ronald Mann will have our analysis: