Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit.
- The petition in Superior Communications, Inc. v. Voltstar Technologies, Inc. was granted. The judgment was vacated and the case was remanded for further consideration in light of Thryv, Inc. v. Click-to-Call Technologies, LP, 590 U. S. _ (2020).
- One new Tucker Act petition was filed in Callan Campbell v. United States.
- A new response was filed in both (1) Dr. Reddy’s Laboratories, Ltd. v. Eli Lilly and Company and (2) Hospira, Inc. v. Eli Lilly and Company.
- New amicus briefs were filed in (1) American Institute for International Steel, Inc. v. United States and (2) Comcast Corp. v. International Trade Commission.
Here are the details.
Petition Cases
New Grant
Superior Communications, Inc. v. Voltstar Technologies, Inc.
The petition in Superior Communications, Inc. v. Voltstar Technologies, Inc. was granted. The judgment was vacated and the case was remanded for further consideration in light of Thryv, Inc. v. Click-to-Call Technologies, LP, 590 U. S. _ (2020). We discussed the result in Thryv in a recent post.
New petitions
Callan Campbell v. United States
In Callan Campbell v. United States, the petitioner presented the following issue for review:
Does the Tucker Act’s statute of limitations for a regulatory takings claim accrue when the Government makes a final decision, or when the plaintiff’s property rights are actually injured-in-fact as a result of that decision?
New Responses
A new response was filed in both (1) Dr. Reddy’s Laboratories, Ltd. v. Eli Lilly and Company and (2) Hospira, Inc. v. Eli Lilly and Company.
In the brief of Eli Lilly & Company in opposition to the petition, Eli Lilly argues that the petition should be denied in part because:
petitioners ask this Court to grant review of a decision that the Federal Circuit did not make: the court of appeals expressly rejected the very rule petitioners claim it adopted.
New Replies
There is no new activity to report.
Amicus Briefs
Several amicus briefs were filed for two petitions this week in (1) American Institute for International Steel, Inc. v. United States and (2) Comcast Corp. v. International Trade Commission. American Institute for International Steel, Inc. v. United States concerns section 232 of the Trade Expansion Act of 1962. Comcast Corp. v. International Trade Commission concerns whether the ITC exceeded its role by blocking the importation of non-infringing goods based on acts of alleged domestic infringement.
American Institute for International Steel, Inc. v. United States
- Amicus brief of Basrai Farms
- Amicus brief of New Civil Liberties Alliance
- Amicus brief of The Cato Institute
Comcast Corp. v. International Trade Commission
- Amicus brief of Computer & Communications Industry Association
- Amicus brief of Unified Patents, LLC and Arista Networks, Inc.