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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


Certiorari denied · January 7, 2019
Pre-decision estimate: 3% cert probability

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

  1. Jan 07 2019
    Petition DENIED.
  2. Dec 05 2018
    DISTRIBUTED for Conference of 1/4/2019.
  3. Nov 20 2018
    Waiver of right of respondent Optuminsight, Inc. to respond filed.
  4. Nov 02 2018
    Petition for a writ of certiorari filed. (Response due December 6, 2018)