The U.S. Supreme Court reconvened this morning for the first of what appears to be three days of issuing opinions this week. Five opinions were issued today, with six remaining. The next opinion day will be tomorrow, beginning at 10:00 a.m.
Tomorrow at 1:00 p.m., WLF will be holding its 28th annual End of the Supreme Court Term Media Briefing. Moderated by The Hon. Dick Thornburgh will be a panel of appellate experts featuring Neal Katyal, Ashley Parrish, and Eric Grannon. You can either attend in person at 2009 Massachusetts Avenue or view it live online. Free registration required for online viewing at www.wlf.org.
This morning, the Court issued a 5-4 opinion in Mutual Pharmaceutical v. Bartlett, a case in which WLF filed an amicus brief in support of the Petitioner’s arguments that federal law preempts state-law design-defect lawsuits against generic drug manufacturers.
Also, the Court granted review in an important case involving the Clean Air Act, U.S. Environmental Protection Agency v. EME Homer City Generation. WLF has published two legal policy papers on this case, one prior to the ruling of the U.S. Court of Appeals for the D.C. Circuit, and one after the court ruled:
- EME Homer City Generation, L.P. v. EPA: The D.C. Circuit’s Ruling And Implications For Future Rulemaking
- ON THE MERITS: EME Homer City Generation, L.P. v. U.S. Environmental Protection Agency
Finally, the Court asked for the views of the Solicitor General of the United States in an case appealed from the U.S. Court of Appeals for the Third Circuit, Akami Technologies v. Limelight. The en banc panel decision set a new standard for proving induced patent infringement. In a March 12 Legal Pulse post, our Featured Expert Columnist on patents, Beth Shaw, wrote about a more recent Federal Circuit ruling which relied upon Akami, Move, Inc. v. Real Estate Alliance Ltd. (REAL).