Supreme Court of the United States · Official docket →
G. David Jang v. Boston Scientific Corporation, et al.
Paid petition · United States Court of Appeals for the Federal Circuit, No. 16-1275, 16-1575 · judgment September 29, 2017
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
After a trial on the merits, a jury found that respondents were liable for infringing petitioner’s patent under the doctrine of equivalents, with stipulated damages in excess of $86 million. But the district court set aside the verdict and entered judgment for respondents under a defense known as “ensnarement”—which was unknown at common law, is not contained in the Patent Act, and has never been recognized by this Court. The Federal Circuit affirmed. The question presented is: Whether the Federal Circuit’s “ensnarement” defense to infringement violates patent holders’ Seventh Amendment jury-trial rights.
Counsel of record
For petitioner
Mark Andrew Perry
Weil, Gotshal & Manges, LLP
For respondent
Matthew McManus Wolf
Arnold & Porter Kaye Scholer LLP
Case
Conference history
Distributed for 2 conferences
Proceedings
- Oct 01 2018Petition DENIED.
- Jun 27 2018DISTRIBUTED for Conference of 9/24/2018.
- Jun 26 2018Reply of petitioner G. David Jang, M.D. filed. (Distributed)
- Jun 08 2018Brief of respondents Boston Scientific Corporation, et al. in opposition filed.
- Apr 30 2018Motion to extend the time to file a response is granted and the time is extended to and including June 11, 2018.
- Apr 27 2018Motion to extend the time to file a response from May 10, 2018 to June 11, 2018, submitted to The Clerk.
- Apr 10 2018Response Requested. (Due May 10, 2018)
- Apr 04 2018DISTRIBUTED for Conference of 4/20/2018.
- Mar 28 2018Waiver of right of respondents Boston Scientific Corporation, et al. to respond filed.
- Mar 21 2018Petition for a writ of certiorari filed. (Response due April 23, 2018)