JUDGMENT ISSUED.

Judgment VACATED and case REMANDED. Kennedy, J., delivered the opinion of the Court, in which Ginsburg, Alito, Sotomayor, and Kagan, JJ., joined, and in which Thomas, J., joined as to Parts II-B and III. Scalia, J., filed a dissenting opinion, in which Roberts, C. J., joined. Breyer, J., took no part in the consideration or decision of the case.

Argued. For petitioner: Mark S. Werbner, Dallas, Tex.; and Ginger D. Anders, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondent: Seth P. Waxman, Washington, D. C.

Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. Justice Breyer took no part in the consideration or decision of this motion.

Reply of petitioner Commil USA, LLC filed. (Distributed)

Brief amici curiae of EMC Corporation, et al. filed. (Distributed)

Brief amicus curiae of Professor Saurabh Vishnubhakat filed. (Distributed)

Brief amicus curiae of Electronic Frontier Foundation filed. (Distributed)

Brief amicus curiae of Generic Pharmaceutical Association filed. (Distributed)

Brief amici curiae of DeLorme, et al. filed. (Distributed)

Brief amicus curiae of Computer & Communications Industry Association filed. (Distributed)

Brief amicus curiae of Askeladden L.L.C. filed. (Distributed)

Brief amici curiae of Sixteen Intellectual Property Law Professors filed. (Distributed).

Brief amici curiae of Public Knowledge, et al. filed.

Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.

Brief of respondent Cisco Systems, Inc. filed. (Distributed)

CIRCULATED

Record received from U.S.C.A. Federal Circuit is electronic and located on PACER.

Record requested from U.S.C.A. Federal Circuit.

SET FOR ARGUMENT ON Tuesday, March 31, 2015

Brief amicus curiae of AbbVie Inc. filed.

Brief amicus curiae of Biotechnology Industry Organization filed.

Brief amicus curiae of MUSC Foundation for Research Development filed.

Brief amicus curiae of American Intellectual Property Law Association in support of neither party filed.

Brief amicus curiae of United States filed.

Brief amicus curiae of Pharmaceutical Research and Manufacturers of America filed.

Brief amicus curiae of Intellectual Property Owners Association filed.

Brief amicus curiae of Gilead Sciences, Inc. filed.

Joint appendix filed. (Statement of costs filed.)

Brief of petitioner Commil USA, LLC filed.

Petition GRANTED limited to Question 1 presented by the petition. Justice Breyer took no part in the consideration or decision of this petition.

DISTRIBUTED for Conference of December 5, 2014.

DISTRIBUTED for Conference of November 25, 2014.

Reply of petitioner Commil USA, LLC filed. VIDED.

Supplemental brief of respondent Cisco Systems, Inc. filed. VIDED.

Brief amicus curiae of United States filed. VIDED.

The Solicitor General is invited to file a brief in this case expressing the views of the United States. Justice Breyer took no part in the consideration or decision of this petition.

DISTRIBUTED for Conference of May 22, 2014.

Brief of respondent Cisco Systems, Inc. in opposition filed.

Order extending time to file response to petition to and including March 31, 2014.

Petition for a writ of certiorari filed. (Response due February 27, 2014)

Commil USA, LLC, Petitioner, represented by Mark S. Werbner

Cisco Systems, Inc., Respondent, represented by William F. Lee

Cisco Systems, Inc., Respondent, represented by Seth P. Waxman

AbbVie Inc., Amicus Curiae, represented by J. Michael Jakes

American Intellectual Property Law Association in support of neither party, Amicus Curiae, represented by John T. Johnson

Askeladden L.L.C., Amicus Curiae, represented by Kevin J. Culligan

Biotechnology Industry Organization, Amicus Curiae, represented by Mark P. Walters

Computer & Communications Industry Association, Amicus Curiae, represented by Jonathan Band

DeLorme, et al., Amicus Curiae, represented by Peter J. Brann

Electronic Frontier Foundation, Amicus Curiae, represented by Vera Ranieri

EMC Corporation, et al., Amicus Curiae, represented by Thomas G. Hungar

Generic Pharmaceutical Association, Amicus Curiae, represented by William A. Rakoczy

Gilead Sciences, Inc., Amicus Curiae, represented by Jonathan E. Singer

Intellectual Property Owners Association, Amicus Curiae, represented by Paul H. Berghoff

MUSC Foundation for Research Development, Amicus Curiae, represented by Peter Joseph Corcoran III.

Pharmaceutical Research and Manufacturers of America, Amicus Curiae, represented by Carter G. Phillips

Professor Saurabh Vishnubhakat, Amicus Curiae, represented by Saurabh Vishnubhakat

Public Knowledge, et al., Amicus Curiae, represented by Charles Duan

Sixteen Intellectual Property Law Professors, Amicus Curiae, represented by Timothy R. Holbrook

United States, Amicus Curiae, represented by Donald B. Verrilli Jr.

United States, Amicus Curiae, represented by Ginger D. Anders