Editor's Note :

Editor's Note :

This week the blog will publish a multi-part online symposium on United States v. Texas, a challenge by Texas and twenty-five states to the Obama administration's deferred-action policy for immigration. Contributions to this special feature, as well as an “explainer” by this blog's Lyle Denniston, are available here.

Montgomery v. Kappos

Petition for certiorari denied on December 10, 2012
Docket No. Op. Below Argument Opinion Vote Author Term
12-182 Fed. Cir. N/A N/A N/A N/A OT 2012

Issue: Whether a research proposal which was never in fact performed can, as a matter of law, inherently anticipate a patent claim under Tilghman v. Proctor.

DateProceedings and Orders
Aug 6 2012Petition for a writ of certiorari filed. (Response due September 7, 2012)
Aug 29 2012Order extending time to file response to petition to and including October 9, 2012.
Oct 4 2012Order further extending time to file response to petition to and including November 8, 2012.
Nov 8 2012Brief of respondent David J. Kappos, Under Secretary of Commerce for Intellectual Property and Director, Patent and Trademark Office in opposition filed.
Nov 15 2012Reply of petitioners Hugh E. Montgomery, et al. filed.
Nov 20 2012DISTRIBUTED for Conference of December 7, 2012.
Dec 10 2012Petition DENIED.
Term Snapshot