Supreme Court Report

Supreme Court of the United States · Official docket →

Cochlear Corporation, et al. v. Alfred E. Mann Foundation for Scientific Research, et al.

Paid petition · United States Court of Appeals for the Federal Circuit, No. 2019-1201 · judgment March 16, 2020

Certiorari denied · December 14, 2020
Pre-decision estimate: 12% cert probability (95% interval 8%–20%)

Before the decision, about 3× the 4.1% base rate. The model weighted this up for counsel with five or more prior petitions here, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition).

Questions presented

  1. Whether the Federal Circuit has misapplied the “book of wisdom” set forth in Sinclair Refining Co. v. Jenkins Petroleum Process Co., 289 U.S. 689 (1933), by allowing a reasonable royalty for patent infringement under the Patent Act, 35 U.S.C. § 284, to be determined by evidence arising long after the hypothetical negotiation on which that royalty is based?

  2. Whether Maryland v. Baldwin, 112 U.S. 490 (1884), forecloses an award of damages under a general damages verdict where some claims underlying that award are overturned after trial, and if so, whether a party may challenge such a result notwithstanding agreement to a general damages verdict?

  3. Whether Garretson v. Clark, 111 U.S. 120, 121 (1884), requires apportionment of patent damages to the inventive contribution of the claimed technology? (i)

Counsel of record

For petitioner
Kathleen Marie Sullivan
Quinn Emanuel Urquhart & Sullivan, LLP

For respondent
Donald Manwell Falk
Schaerr Jaffe LLP

Case

Conference history
Distributed for 2 conferences

Amicus briefs
1 cert-stage

Proceedings

  1. Dec 14 2020
    Petition DENIED.
  2. Nov 24 2020
    DISTRIBUTED for Conference of 12/11/2020.
  3. Nov 23 2020
    Reply of petitioners Cochlear Corporation, et al. filed. (Distributed)
  4. Nov 10 2020
    Brief of respondents Alfred E. Mann Foundation for Scientific Research, et al. in opposition filed.
  5. Oct 27 2020
    Brief amici curiae of Intellectual Property Professors filed.
  6. Oct 23 2020
    Motion to extend the time to file a response is granted and the time is extended to and including November 10, 2020.
  7. Oct 21 2020
    Motion to extend the time to file a response from October 28, 2020 to November 10, 2020, submitted to The Clerk.
  8. Sep 28 2020
    Response Requested. (Due October 28, 2020)
  9. Sep 23 2020
    DISTRIBUTED for Conference of 10/9/2020.
  10. Sep 17 2020
    Waiver of right of respondent Alfred E. Mann Foundation for Scientific Research to respond filed.
  11. Sep 17 2020
    Waiver of right of respondent Advanced Bionics, LLC to respond filed.
  12. Sep 14 2020
    Petition for a writ of certiorari filed. (Response due October 19, 2020)