Federal Judiciary

Notable Petitions

By Akin Gump Supreme Court Practice Group

Two noteworthy petitions were recently filed: Microsoft v. Lucent Technologies, which challenges the evidentiary standards in patent infringement trials; and Stolaj v. Holder, which disputes removal proceedings initiated against two noncitizens.

Briefs in opposition have not yet been filed, but the petitions and their questions presented follow the jump.

Title: Microsoft v. Lucent Technologies
Docket: 09-1006
Issues: (1) Whether a jury verdict of patent infringement can stand when it is supported only by speculative evidence and lawyer argument, or whether the standards for entry of judgment as a matter of law that apply in all other federal cases should apply equally in patent cases; and (2) whether a new trial is required in a patent infringement case, as in all other cases, when the verdict is found to be contrary to the weight of the evidence.

• Opinion below (Federal Circuit)
• Petition for certiorari

Title: Stolaj v. Holder
Docket: 09-1014
Issues: (1) Whether the government may initiate removal proceedings against a noncitizen after the expiration of the five-year limitations period in 8 U.S.C. § 1256(a) based on a noncitizen?s ineligibility for permanent resident status at the time it was granted; and (2) whether the due process rights of noncitizens are violated in removal proceedings when the government relies on hearsay evidence without making an effort to call the declarant as a witness or allowing the noncitizen to subpoena and cross-examine that declarant.

• Opinion below (6th Circuit)
• Petition for certiorari

Full post as published by SCOTUSBLOG on March 12, 2010 (boomark / email).