This week’s Supreme Court oral arguments will be of primary interest to specialists. Monday morning, the Court will consider several procedural issues related to a criminal defendant’s claim of mental retardation in Brumfeld v. Cain.
On Tuesday, the Court will turn its attention to the tangled web of patent litigation, hearing two cases about the merits of patent claims. First up is Commil USA, LLC v. Cisco Systems, Inc., which will address whether a defendant’s belief that a patent is invalid is a defense to induced infringement. After that, the Court will cast its net in Kimble v. Marvel Enterprises, Inc., which is about the validity of patent royalty agreements that project beyond the expiration date of the patent. The patent at issue in Kimble concerned a mechanism for making foam shoot from the palm of a glove, à la The Amazing Spider-Man.