Supreme Court of the United States · Official docket →
Jodi A. Schwendimann, fka Jodi A. Dalvey v. Neenah, Inc., et al.
Paid petition · United States Court of Appeals for the Federal Circuit, No. 2022-1333, 2022-1334, 2022-1427, 2022-1432 · judgment October 6, 2023
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
In conducting an obviousness analysis under 35 U.S.C. § 103, did the Federal Circuit err in holding that there “is no basis in our case law” for requiring an articulated basis for choosing a reference in a prior art combination as the primary reference, when such a basis is required to comply with controlling precedent in KSR Int’l Co. v. Teleflex Inc., 550 U.S. 398, 421, 127 S. Ct. 1727, 1742, 167 L. Ed. 2d 705 (2007), WBIP, LLC v. Kohler Co., 829 F.3d 1317, 1337 (Fed. Cir. 2016), and Yeda Rsch. v. Mylan Pharms. Inc., 906 F.3d 1031, 1044-45 (Fed. Cir. 2018), and where the choice of primary reference was dispositive?
Counsel of record
For petitioner
Devan Viswanathan Padmanabhan
Padmanabhan & Dawson, PLLC
For respondent
Barbara Anne Smith
Bryan Cave Leighton Paisner LLP
Case
Conference history
Distributed for 1 conference
Proceedings
- Mar 18 2024Petition DENIED.
- Feb 28 2024DISTRIBUTED for Conference of 3/15/2024.
- Feb 26 2024Reply of petitioner Jodi A. Schwendimann, fka Jodi A. Dalvey filed. (Distributed)
- Feb 08 2024Brief of respondents Neenah, Inc. and Avery Products Corporation in opposition filed.
- Jan 04 2024Petition for a writ of certiorari filed. (Response due February 8, 2024)