Supreme Court Report

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: 2% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

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

Conference history
Distributed for 1 conference

Amicus briefs
1 cert-stage

Proceedings

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