Following the Federal Circuit's important ruling in Festo Corp. v.Shoketsu Kinzoku Kogyo Kabushiki Co., 234 F.3d 558 (Fed. Cir. 2000), a team of Foley Hoag attorneys led by Claire Laporte filed two amicus curiae briefs in the United States Supreme Court on behalf of the Federal Circuit BarAssociation (FCBA).
- The Federal Circuit's opinion in Festo cut back on certain protections traditionally granted to patent-holders, thus reducing the value of hundreds of thousands of existing patents.
- The first brief, filed on May 9, 2001, supported Festo's successful petition for certiorari. The brief argued that the Federal Circuit's opinion unfairly eroded the value of existing patents and raised questions regarding the Federal Circuit's approach to appellate decision making.
- After the Supreme Court granted certiorari on June 18, 2001, the Foley Hoag team filed a second brief, dated August 31, 2001. This brief argues that the new rules the Federal Circuit established in Festo should be abandoned and the older rules, with some minor changes, restored.
- The briefs were co-authored by Foley Hoag patent litigators Claire Laporte, Mitchell J. Matorin, Robert L. Bocchino, Jr., Megan H. Mack, and Mark A. Reilly.
- The FCBA, the organization for which Foley Hoag prepared these briefs, is a national organization comprising approximately 2,400 attorneys whose practice concerns the United States Court of Appeals for the Federal Circuit in all aspects of its jurisdiction.
The original
amicus curiae brief is available here (.pdf):
Brief of Amicus Curiae Federal Circuit Bar Association in Festo Corp. v. Shoketsu Kinzoku Kogyo Kabushiki Co. on Writ of Certiorari