Supremes Deny Cert in Sony v. First Media: Update

The petition is here.  The question presented was:

Did the Court of Appeals for the Federal Circuit err in restricting district courts’ equitable discretion in evaluating patent unenforceability, contrary to this Court’s precedent in Keystone Driller, Hazel-Atlas, and Precision Instrument, by applying a rigid test that (a) forecloses district courts from considering the entire circumstantial record; and (b) precludes district courts from granting equitable remedies where a patent applicant has violated the PTO’s duty of candor. 

Update:  the rest of the briefs are here (response to petition), and the SG's brief is here.

I still don't think Therasense is a proper construction, and I also still think the issue of its retroactivity could still lurk out there for someone to raise…

About David

Professor of Law, Mercer University School of Law. Formerly Of Counsel, Taylor English Duma, LLP and in 2012-13, judicial clerk to Chief Judge Rader.

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