Supreme Court of the United States · Official docket →
Cave Consulting Group, LLC v. OptumInsight, Inc.
Paid petition · United States Court of Appeals for the Federal Circuit, No. 2017-1060 · judgment March 21, 2018
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
Congress requires inventors seeking patent protection to specifically identify what they regard as their invention in a patent claim. The Patent Office relies on the claim language chosen by inventors to decide whether or not to grant a patent. When patent disputes arise, courts must construe this claim language to define the metes and bounds of the patentee’s exclusionary rights. The line drawn by this claim construction process also determines patent validity. Separately, Congress requires inventors to provide a specification containing a written description of the invention. This description serves a different purpose than the claim: it must teach the public how to make and use the invention and identify the inventor’s best mode of practicing the invention. May a court construe a patent claim in a way that contradicts its plain and ordinary meaning by relying on statements in the specification that do not constitute lexicography or disavowal?
Counsel of record
For petitioner
Richard Louis Brophy
Armstrong Teasdale, LLP
For respondent
Peter M. Lancaster
Dorsey & Whitney, LLP
Case
Subject area
Economic Activity (estimated from the questions presented, in the Supreme Court Database’s categories)
Conference history
Distributed for 1 conference
Order
Order list, January 7, 2019 · Certiorari denied
Proceedings
- Jan 07 2019Petition DENIED.
- Dec 05 2018DISTRIBUTED for Conference of 1/4/2019.
- Nov 20 2018Waiver of right of respondent Optuminsight, Inc. to respond filed.
- Nov 02 2018Petition for a writ of certiorari filed. (Response due December 6, 2018)