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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: 5% cert probability (95% interval 3%–8%)

Before the decision, modestly above the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a dissent in the court below (flagged in the petition), and a Federal Circuit decision below, and down for a business respondent.

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

Conference history
Distributed for 1 conference

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)