Petitions / Supreme Court Activity

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit.

New Petitions

Two new cert petitions were filed.

In Straight Path IP Group, LLC v. Apple Inc., Straight Path IP Group asked the Supreme Court to consider “whether Rule 36(e) of the Federal Circuit’s Rules of Procedure violates the Fifth Amendment by authorizing panels of the Federal Circuit to affirm, with no explanation whatever, a District Court judgment resolving only issues of law.”

In Rogero v. Secretary of Health and Human Services, Rogero (a minor petitioner by and through his parents and next friends) asked the Supreme Court to review the following questions:

  1. “Whether Court of Appeals conclusion, that Rogero had not established by a preponderance of the evidence between his encephalopathy and his DTaP vaccination, is in accordance with 42 U.S.C. § 300aa-l 3(a)(1)(A) and The Rehabilitation Act, when the Court published findings from preponderance evidence, every required matter of § 300aa-l 1(c)(1)?”
  2. “Whether Federal Circuit contravened § 300aa-l 3(a)(1)(B) as interpreted by this Court in Shalalah v. Whitecotton, subsequently violating The Rehabilitation Act, Section 504?”

New Responses

Responses to cert petitions were filed in three cases.

In Xitronix Corp. v. KLA-Tencor Corp., KLA-Tencor filed its brief in opposition to the petition.

In IBG LLC v. Trading Technologies International Inc., both Trading Technologies International and the United States filed waivers of the right to respond to the petition.

Likewise, in Ryan v. Department of Defense, the Department of Defense also filed a waiver of the right to respond to the petition.


The Supreme Court did not grant any cert petitions this week.


The Supreme Court likewise did not deny any cert petitions this week.