Supreme Court adds 3 new cases to docket
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Supreme Court adds 3 new cases to docket

The Supreme Court granted certiorari in three cases Friday.

In Return Mail v. US Postal Service the court will review whether the government is a “person” that can proceed under the Leahy-Smith America Invents Act. The act permits a “person” who has been sued for patent infringement to challenge the validity of the patent through the Patent Trial and Appeal Board.

In Mission Product Holdings v. Tempnology LLC the court will decide whether the US Court of Appeals for the First Circuit erred in its interpretation of §365 of Bankruptcy Code. The court is determining if “a debtor-licensor’s ‘rejection’ of a license agreement—which ‘constitutes a breach of such contract,’ 11 USC §365(g)—terminates rights of the licensee that would survive the licensor’s breach under applicable nonbankruptcy law.”

In United States v. Hammond the court will review the constitutionality of a federal law that requires additional prison time for sex offenders who violate terms of supervised release. The court will review if this law is necessary to protect the public or if it removes a judge’s sentencing discretion and is in violation of due process by sentencing sex offenders for new conduct that has not been reviewed by a jury. Andre Hammond was convicted on child pornography charges and sentenced to prison and 10 years supervised released. He was subsequently charged with violating his release and sentenced to additional prison time. He appealed to the US Court of Appeals for the Tenth Circuit, which vacated his prison time and sent it back to a lower court for re-sentencing. The federal government appealed to the Supreme Court.