Federal Judiciary

Today’s Orders

By Akin Gump Supreme Court Practice Group

The Court has granted certiorari in one case, Bilski v. Doll (08-964). The Court has invited the views of the Solicitor General in Morrison v. National Australia Bank Ltd., et al.  (08-1191). The order list is available here.  Filings for these cases are below.

Docket: 08-964
Title:  Bilski v. Doll
Issue: Whether a ?process? must be tied to a particular machine or apparatus, or transform a particular article into a different state or thing (?machine-or-transformation? test), to be eligible for patenting under 35 U.S.C. § 101 and whether the ?machine-or-transformation? test for patent eligibility, contradicts Congressional intent that patents protect ?method[s] of doing business? in 35 U.S.C. § 273.

• Opinion below (Federal Circuit)
• Petition for certiorari
• Brief in opposition
• Petitioner?s reply
• Brief amicus curiae of Boston Patent Law Association (in support of petitioners)
• Brief amici curiae of Accenture and Pitney Bowes Inc (in support of petitioners)
• Brief amicus curiae of American Intellectual Property Law Association (in support of petitioners)
• Brief amicus curiae of Franklin Pierce Law Center (in support of petitioners)
• Brief amicus curiae of Medistem Inc (in support of petitioners)
• Brief amicus curiae of Koninklijke Philips Electronics N.V (in support of petitioners)
• Brief amicus curiae of John P. Sutton (in support of petitioners)
• Brief amicus curiae of Borland Software Corporation (in support of petitioners)

Docket: 08-1191
Title: Morrison v. National Australia Bank Ltd., et al.
Issue: Whether the antifraud provisions of the United States securities laws extend to transnational frauds where: (a) the foreign-based parent company conducted substantial business in the United States and (b)the claims arose from an accounting fraud perpetrated by American citizens at the parent company?s Florida based subsidiary, and whether subject matter jurisdiction extends to transnational fraud-on-the-market claims.

• Opinion below (2nd Circuit)
• Petition for certiorari
• Brief in opposition
• Petitioner?s reply
• Brief amicus curiae of the National Association of Shareholder and Consumer Attorneys (in support of petitioners)

Full post as published by SCOTUSBLOG on June 01, 2009 (boomark / email).