Supreme Court of the United States · Official docket →

ZUP, LLC v. Nash Manufacturing, Inc.

Paid petition · United States Court of Appeals for the Federal Circuit, No. 2017-1601 · judgment July 25, 2018

Certiorari denied · February 19, 2019

Pre-decision estimate: 4% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for a dissent in the court below, a Federal Circuit decision below, and a business petitioner, and down for a business respondent.

Question presented

Whether evidence of “secondary considerations” (e.g., a long-felt, but unresolved, need for the patented invention) is less important, functioning at a diminished capacity from time to time to rebut prima facie evidence of obviousness.

Counsel of record

For petitioner
Matthew M. Wawrzyn
Wawrzyn & Jarvis LLC

For respondent
Joseph Franklin Cleveland Jr.
Brackett & Ellis, P. C.

Case

Subject area
Economic Activity (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 1 conference

Amicus briefs
1 cert-stage

Order
Order list, February 19, 2019 · Certiorari denied

Proceedings

Feb 19 2019
Petition DENIED.
Jan 23 2019
Brief amicus curiae of US Inventor, Inc., et al. filed. (Distributed)
Jan 16 2019
DISTRIBUTED for Conference of 2/15/2019.
Jan 09 2019
Waiver of right of respondent Nash Manufacturing, Inc. to respond filed.
Dec 26 2018
Petition for a writ of certiorari filed. (Response due January 28, 2019)