Federal Judiciary

Petition of the day

By Conor McEvily

Today’s first petition of the day is:

Title: Applera Corp. v. Enzo Biochem, Inc.
Docket: 10-426
Issue(s): Whether the Federal Circuit's standard for finding that a patent?s claims are ?definite,? which is met as long as the language of a claim is not ?insolubly ambiguous? or is capable of being construed, is consistent with the language of 35 U.S.C. § 112, which provides that the patent must include ?claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.?

Certiorari-Stage Documents:

• Opinion below (Federal Circuit)
• Petition for certiorari

Today’s second petition of the day is:

Title: American Home Assurance Company v. UMG Recordings
Docket: 10-428
Issue(s): Whether the phrase "arising out of," used commonly in arbitration clauses to define the scope of the parties' arbitration agreement, should be construed broadly to promote arbitration, or instead more narrowly.

Certiorari-Stage Documents:

• Opinion below -- not available (9th Circuit, unpublished)
• Petition for certiorari

Full post as published by SCOTUSBLOG on October 25, 2010 (boomark / email).