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Life Technologies Corp., et al. v. Promega Corp.

Issues

Is the shipment of one commodity component from the United States for the foreign assembly and unauthorized sale of a patented, multi-component invention a violation of 35 U.S.C. § 271(f)(1)?

Under 35 U.S.C. § 271(f)(1), when a party, without the authority to do so, ships from the United States either “all or a substantial portion of the components of a patented invention” or “any component . . . that is especially made or especially adapted for use in the invention” in a way that would induce another party abroad to combine the component(s) to form the patented invention, that party commits patent infringement. Section 271(f)(1) prevents parties from evading domestic patent law when engaging in international transactions. The parties differ on how broad § 271(f)(1) should be construed. Life Technologies Corporation argues that courts should construe § 271(f)(1) narrowly to refer to the percentage of components for the invention that a party ships abroad. Promega Corporation, on the other hand, argues that the statute takes into account a combination of quantity and relative importance of the component(s) shipped abroad. The outcome of this case will determine the limits of 35 U.S.C. § 271(f)(1) and, consequently, the limits of private action in shipping materials abroad. 

Questions as Framed for the Court by the Parties

35 U.S.C. § 271(f)(1) provides that it is an act of patent infringement to “suppl[y] . . . in or from the United States all or a substantial portion of the components of a patented invention, . . . in such manner as to actively induce the combination of such components outside the United States.” Despite this Court’s clear dictate that section 271(f) should be construed narrowly, Microsoft Corp. v. AT&T Corp., 550 U.S. 437 (2007), the Federal Circuit held that Life Technologies is liable for patent infringement for worldwide sales of a multi-component kit made abroad because just a single, commodity component of the kit was shipped from the U.S.

The question presented is:

Whether the Federal Circuit erred in holding that supplying a single, commodity component of a multi-component invention from the United States is an infringing act under 35 U.S.C. § 271(f)(1), exposing the manufacturer to liability for all of its worldwide sales.

Promega Corporation (“Promega”) owns four patents for methods of amplifying particular “short tandem repeats” (“STR”) loci in a DNA strand and has an exclusive license over a fifth method for the same. Promega Corp. v. Life Technologies Corp., No. 10-cv-0281, at 5 (Fed. Cir. Dec.

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Czyzewski v. Jevic Holding Corp.

Issues

Under the Bankruptcy Code, can a bankruptcy court in a Chapter 11 case approve a settlement that distributes the debtor’s estate to creditors in a way that deviates from the Code’s priority scheme?

Respondents Jevic Holding Corporation et al. (“Jevic”) fired Petitioners Casimir Czyzewski et al., members of a certified class of truck drivers (“the drivers”), when the company filed for bankruptcy in 2008. The drivers were entitled to receive payment on their wage claims before other unsecured creditors received any distribution from Jevic’s bankruptcy estate, but they were skipped over when Jevic’s two largest creditors reached a settlement with Jevic. The drivers argue that the Bankruptcy Code does not authorize a bankruptcy court to approve settlement that differs from the Code’s priority scheme. Jevic counters that the drivers have not presented a case or controversy because the drivers cannot show that a decision in their favor is likely to redress their injury. Further, Jevic argues that the Code does not make the absolute priority rule applicable to Chapter 11 settlements. The outcome of this case could affect the scope of the Bankruptcy Code priority scheme and could disadvantage employees who hold priority wage claims against their bankrupt employer. 

Questions as Framed for the Court by the Parties

Whether a bankruptcy court may authorize a distribution of settlement proceeds that violates the priority scheme established by the Bankruptcy Code, over the objection of priority creditors whose rights are impaired by the proposed distribution.

JEVIC FILES BANKRUPTCY

On May 19, 2008, Jevic Holding Corporation (“Jevic”) fired its 1,800 employees—including Petitioners (“the drivers”), a certified class of truck drivers—without warning. See In re Jevic Holding Corp., et al., No. 14-1465, 5 (3d Cir. May 21, 2015). The next day Jevic, voluntarily filed for Chapter 11 bankruptcy in the United States Bankruptcy Court for the District of Delaware.

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Bethune-Hill v. Virginia State Board of Elections, et al.

Issues

Does a state board of elections violate the Equal Protection Clause if it uses a one-size-fits-all black voting age population floor as part of its redistricting process in an effort to comply with the Voting Rights Act?

This case gives the Supreme Court the opportunity to determine whether a state’s use of a black voting age population (“BVAP”) floor in crafting new legislative districts is permissible if the state also considers other race-neutral criteria. Appellants, Bethune-Hill et al. (“Bethune-Hill”), argue that the Virginia State Board of Elections’ (“BOE”) use of a 55% BVAP floor violated the Equal Protection Clause because the BOE acknowledged that complying with the racial target was the most important factor in the redistricting process. Bethune-Hill argues that racial targets demean minorities, regardless of whether the state also considers race-neutral factors. Appellees, the BOE, contend that their use of the BVAP floor was a lawful way of complying with the demands of the Voting Rights Act. The BOE claims that the fact that the challenged districts conform to traditional race-neutral redistricting standards illustrates that minority voters were not harmed in the way the Equal Protection Clause contemplates because the state grouped them according to communities of interest, not solely according to their skin color. This case will impact what measures states can take in order to comply with the Voting Rights Act.

Questions as Framed for the Court by the Parties

  1. Did the court below err in holding that race cannot predominate even where it is the most important consideration in drawing a given district unless the use of race results in “actual conflict” with traditional redistricting criteria?
  2. Did the court below err by concluding that the admitted use of a one-size-fits-all 55% black voting age population floor to draw twelve separate House of Delegates districts does not amount to racial predominance and trigger strict scrutiny?
  3. Did the court below err in disregarding the admitted use of race in drawing district lines in favor of examining circumstantial evidence regarding the contours of the districts?
  4. Did the court below err in holding that racial goals must negate all other districting criteria in order for race to predominate?
  5. Did the court below err in concluding that the General Assembly’s predominant use of race in drawing House District 75 was narrowly tailored to serve a compelling government interest?

In anticipation of the 2010 census results, the Virginia General Assembly began preparing to redraw the legislative districts for the Virginia House of Delegates and the Virginia Senate. See Bethune-Hill v. Virginia State Bd. of Elections, No. 3:14-cv-852, at 3 (E.D. Va. Oct. 22, 2015). Delegate Chris Jones, who had been substantially involved in the 2001 redistricting process, led the effort.

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Bruce v. Samuels Jr., et al.

Issues

When indigent prisoners file multiple actions in forma pauperis, does the Prison Litigation Reform Act cap their filing fees at 20% of their preceding month’s income regardless of the number of filing fees owed, or must prisoners pay for each case for which a filing fee is owed?

 

The Supreme Court will decide whether section 1915(b)(2) of the Prison Litigation Reform Act requires prisoners who file multiple actions in forma pauperis to pay a monthly installment on a “per-prisoner” basis, where prisoners owe no more than 20% of their preceding month’s income regardless of the number of cases for which they owe filing fee; or on a “ per-case ” basis, where a prisoner must pay 20% of her preceding month’s income for each case for which she owes a filing fee. See Brief for Petitioner, Antoine Bruce at 1–2. Federal prisoner Antoine Bruce argues that the monthly payments should be calculated on a per-prisoner basis, while Federal Bureau of Prisons Director Charles E. Samuels, Jr. argues that the payments should be calculated on a per-case basis. See id. at 16; Brief for Respondents, Charles E. Samuels, Jr., et al. at 13. The parties diverge sharply in their interpretations of the text of the statute, congressional intent, the statute’s purposes, and the constitutional-avoidance canon. See Brief for Petitioner at 16, 22, 32, 42, 49; Brief for Respondents at 13, 42, 46. The Court’s ruling will resolve a circuit split between the Second, Third, and Fourth Circuits, which apply a per-prisoner cap, and the Fifth, Seventh, Eighth, and Tenth Circuits, which apply a per-case cap. Additionally, the case will impact prisoners’ access to the courts and administrative costs associated with prisoner cases. See Brief for Petitioner at 11.

Questions as Framed for the Court by the Parties

When a prisoner files more than one civil action or appeal in forma pauperis, does § 1915(b)(2) cap the monthly exaction for filing fees at 20% of the preceding month’s income regardless of the number of cases for which the prisoner owes filing fees, or must the prisoner pay 20% of his preceding month’s income for each case for which he owes a filing fee?

In 2009, Jeremy Pinson, a prisoner serving twenty years at the Federal Correctional Institution in Talladega, Alabama, challenged the constitutionally of his confinement conditions. See Pinson v. Samuels, 761 F.3d 1, 2–3 (D.C. Cir. 2014). Pinson brought the case in the U.S.

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Brown v. Sanders

Issues

Did the California Supreme Court err by upholding Sanders' death sentence despite the fact that it invalidated two of the four special circumstances used to determine the penalty in the lower court, and failed to reweigh the circumstance or determine whether the error was harmless beyond a reasonable doubt?

 

Ronald Lee Sanders was found guilty of murder and other charges related to a 1981 attack in Bakersfield, California. At the sentencing phase of his trial, the jury found that there were four “special circumstances” related to his crimes, and accordingly sentenced him to death. On appeal, the California Supreme Court invalidated two of the special circumstances, but upheld the death sentence without reweighing whether it was warranted by the remaining special circumstances. The California Supreme Court also failed to specifically find that the presence of the invalid circumstances was harmless beyond a reasonable doubt. After a series of unsuccessful appeals and petitions for habeas corpus, the Ninth Circuit granted habeas relief, holding that it was unconstitutional for the California Supreme Court to uphold the death sentence without reweighing the special circumstances or finding the error to be harmless. Petitioner, the state of California, argues that the state's sentencing code is not the type of “weighing” statute that would render a death sentence invalid simply because certain special circumstances were found to be invalid. The Supreme Court's decision in this case will significantly impact the prospects for successful appeals or writs for habeas corpus by defendants similarly situated to Sanders.

Questions as Framed for the Court by the Parties

  1. Is the California death penalty statute a “weighing statute” for which the state court is required to determine that the presence of an invalid special circumstance was harmless beyond a reasonable doubt as to the jury's determination of penalty?
  2. If an affirmative answer to the first question was dictated by precedent, was it necessary for the state supreme court to specifically use the phrases “harmless error” or “reasonable doubt” in determining that there was no “reasonable possibility” that the invalid special circumstance affected the jury's sentence selection?

At trial in the Superior Court of Kern County California, Ronald Lee Sanders was convicted of first-degree murder, attempted murder, robbery, attempted robbery, and burglary, all stemming from an attempted robbery in Bakersfield, California. See People v. Sanders, 797 P.2d 561, 566–67 (Cal. 1990).

Additional Resources

Law about... Criminal procedure, the death penalty

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Brown v. Payton

 

A California jury convicted William Payton of murder, rape, and two counts of attempted murder. During sentencing, the court failed to correctly explain the application of California's Penal Code, section 190.3(k) following the prosecutor's misstatement of the law to the members of the jury instructing them not to consider defendant's  post-crime  mitigating evidence. The court did instruct the jury that the prosecutor's statements should not be regarded as evidence in the case and that the jury should consider "any other circumstance" as dictated by the California statute. The jury sentenced the defendant to death and the California Supreme Court affirmed. The Ninth Circuit reversed, holding that under 28 U.S.C. § 2254(d), as amended by the Antiterrorism and Effective Death Penalty Act of 1996, the California Supreme Court unreasonably applied Federal law. The Supreme Court will decide whether the Ninth Circuit had the authority to reverse the California Supreme Court.

Questions as Framed for the Court by the Parties

In Boyde v. California, 494 U.S. 370 (1990), this Court upheld the constitutionality of California's "catch-all" mitigation instruction in capital cases, which directs a jury to consider "any other circumstance which extenuates the gravity of the crime even though it is not a legal excuse for the crime." The mitigating evidence at issue in Boyde was pre-crime evidence in mitigation. Relying on Boyde, the California Supreme Court held that California's "catch-all" mitigation instruction in this capital case is constitutional as applied to post-crime evidence in mitigation. In a 6-5 decision, the en banc Ninth Circuit held that the California Supreme Court decision was objectively unreasonable "because Boyde does not control this case." The question presented is:

  • Did the Ninth Circuit violate 28 U.S.C. § 2254(d) when it found the California Supreme Court objectively unreasonable in holding that California's "catch-all" mitigation instruction in capital cases is constitutional as applied to post-crime evidence in mitigation?

The Supreme Court's decision in Brown v. Payton may clarify California's standard regarding the mitigating evidence a jury may consider during the penalty phase of a capital trial.

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Briscoe v. Virginia

Issues

When entering a certificate of forensic laboratory analysis as evidence, does a state sufficiently satisfy the Confrontation Clause by allowing the defendant to call a forensic analyst who prepared the report as an adverse witness, or must the forensic analyst be presented for cross-examination during the prosecution’s case?

 

This case involves how a state can comply with the Confrontation Clause when presenting certificates of forensic analysis into evidence, rather than having the forensic analyst testify to the results of the evidence testing. In June 2009, the Supreme Court held in Melendez-Diaz v. Massachusetts that certificates of analysis must be accompanied by an opportunity to cross-examine the forensic analyst who prepared the report. However, Virginia Code Sections 19.2-187 and 19.2-187.1 allow for a defendant to question a forensic analyst at trial by calling him as a defense witness. Petitioners Mark Briscoe and Sheldon Cypress argue that this violates Melendez-Diaz and the Confrontation Clause by shifting the burden to the defendant and creating a waiver of a constitutional right through inaction. Virginia claims that the scheme is constitutional because the defendants are on notice of the charges against them and may still call the forensic analyst as a witness themselves. This case could affect trial strategy and the cost of presenting forensic evidence, as well as provide an opportunity for the Court to examine the recent 5-4 Melendez-Diaz v. Massachusetts decision, where recently retired Justice David Souter cast a deciding vote.

Questions as Framed for the Court by the Parties

If a state allows a prosecutor to introduce a certificate of a forensic laboratory analysis, without presenting the testimony of the analyst who prepared the certificate, does the state avoid violating the Confrontation Clause of the Sixth Amendment by providing that the accused has a right to call the analyst as his own witness?

Statutes at issue

Virginia Code Sections 19.2-187 and 19.187.1, as they were written before August 21, 2009, governed the admissibility into evidence of certificates of analysis. See Virginia Code §§ 19.2-18719.187,1 

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Additional Resources

·      LII Bulletin Preview: Melendez-Diaz v. Massachusetts

·      Confronting Forensic Evidence: Implications of Melendez-Diaz v. Massachusetts and Briscoe v. Virginia

·      The New York Times: Justices Revisit Rule Requiring Lab Testimony

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Brigham City v. Stuart

Issues

Whether officers who entered a private home because they believed a fight was occurring inside violated the Fourth Amendment, or are the officers protected under either the emergency aid exception or the exigency exception.

Court below

 

The Fourth Amendment protects an individual’s right to be free from unreasonable government intrusion by prohibiting unlawful searches and seizures without a warrant. Two related exceptions to this rule are relevant in this case: the emergency aid exception and the exigent circumstance exception. This case will help define the type of conduct that must occur in order for an officer to validly invoke either the exigent circumstance or the emergency aid exception. The Court’s decision will help sharpen the line between permissible and impermissible police involvement and define the level of protection individuals continue to have under the Fourth Amendment.

Questions as Framed for the Court by the Parties

1. Does the "emergency aid exception" to the warrant requirement recognized in Mincey v. Arizona, 437 U.S. 385 (1978), turn on an officer's subjective motivation for entering the home?

2. Was the gravity of the "emergency" or "exigency" sufficient to justify, under the Fourth Amendment, the officers' entry into the home to stop the fight?

On July 23, 2001, at approximately 3:00 a.m., four Brigham City, Utah police officers were dispatched to respond to a complaint about a loud party. Brief for Petitioner at 2.

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Bridge v. Phoenix Bond & Indemnity Co.

Issues

In a civil suit brought under the Racketeer Influenced and Corrupt Organizations Act ("RICO"), does the victim have to rely on the fraudulent mailing when considering its actions? If so, does that person have to be the person who brings the lawsuit, or can another person harmed by the same fraud bring a suit?

 

This case concerns a civil claim under the Racketeer Influenced and Corrupt Organizations Act ("RICO"). Cook County, Illinois auctions tax liens to the publicThe winning bidder pays the back taxes and can then recover the amount of the delinquent taxes from the property owner, along with a penalty. If the taxpayer doesn't pay, the winning bidder gains ownership of the property on which the lien was placedMultiple bidders often tie in the auction, so bidders must submit affidavits that they are not using agents to gain an unfair advantage through relation with other bidders. Phoenix Bond and Indemnity Company ("Phoenix") brought a RICO suit against John Bridge for mail fraud, alleging that he submitted false affidavits which stated that it was unrelated to other bidders. The District Court dismissed the suit, stating that Phoenix was not the party that relied on the fraudulent mailings and therefore lacked standing to sue Bridge. The Court of Appeals reversedThe Supreme Court's decision in this case will determine whether only those parties who were the target of a fraudulent communication can bring a civil suit seeking damages under RICO.

Questions as Framed for the Court by the Parties

Whether reliance is a required element of a RICO claim predicated on mail fraud and, if it is, whether that reliance must be by the plaintiff.

The Treasury Office in Cook County, Illinois conducts an annual auction in which the tax liens of property owners who fail to pay real estate taxes are sold to the public. Brief for Petitioner 3. The buyer of the lien must pay Cook County for any delinquent tax and any outstanding interest on the property. Id.&nbs

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Brendlin v. California

Issues

When does a passenger in an automobile become “detained” during a traffic stop and thereby gain the ability to challenge the stop under the Fourth Amendment?

 

Bruce Brendlin was a passenger in a car driven by Karen Simeroth when she was the subject of a traffic stop by a County Deputy Sherriff. During the stop, the Deputy discovered drugs and drug paraphernalia in the car and on Brendlin. Brendlin was charged with manufacturing methamphetamine and moved to suppress the evidence on the grounds that the original traffic stop was unreasonable, and therefore in violation of his Fourth Amendment rights. The trial court denied his motion, and the California Supreme Court upheld the denial on the basis that Brendlin had not been “seized” under the meaning of the Fourth Amendment, and thus could not challenge the stop. Brendlin appeals to the Supreme Court, arguing that he was effectively seized by the initial stop, and therefore should be able to challenge it. California argues that Brendlin was not seized, because he should have felt free to leave the scene of the traffic stop, and did not actually submit to the application of force or to a show of police authority.

Questions as Framed for the Court by the Parties

Whether a passenger in a vehicle subject to a traffic stop is thereby “detained” for purposes of the Fourth Amendment, thus allowing the passenger to contest the illegality of the traffic stop.

Early in the morning of November 21, 2001, a vehicle driven by Karen Simeroth was stopped by Deputy Sheriff Robert Brokenbrough in Yuba City, California under suspicion of an expired inspection. See People v. Brendlin, 38 Cal. 4th 1107, 1111 (Cal. 2006).

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