The decision of the Federal Circuit is reversed and remanded.
The decision is 6-3; Breyer dissents, joined by Ginsburg and Kagan.
The question before the court was whether government is a "person" that can seek review under the Leahy-Smith America Invents Act of 2011, which created the Patent Trial and Appeal Board and creates three new types of administrative proceedings before the board that allow a "person" who is not the patent owner to challenge the validity of a patent after the patent is issued. The answer is that the government is not a person.
Going back in. Back soon.
We have the third and final decision of the day. Parker Drilling Management Services v. Newton, from Justice Thomas.
It is unanimous. The Ninth Circuit is vacated and remanded.
This is a case involving the Outer Continental Shelf Lands Act, which applies federal law to the subsoil and seabed of (you guessed it) the outer continental shelf. Under the act, the laws of states adjacent to the shelf are federal law "to the extent that they are applicable and not inconsistent with" other federal law. The question in the case was how to determine which state laws meet this requirement and therefore should be adopted as federal law. The court holds that, when federal law addresses the relevant issue, state law is not adopted as surrogate federal law on the OCS.
The Court is apparently finished issuing opinions for the week.
Okay, that's all we have for now. I'm going to sign off and get to work on my post on today's orders. We'll be back next Monday at 9:25-ish for a live blog of orders and, presumably, opinions. Thanks so much for joining us, and have a wonderful week.
Hi all, I am going to shut us down. In addition to coverage of the orders and three opinions, Mark Walsh will have a "view" from the courtroom. We will be back next Monday morning for the start of another June SCOTUS week!
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