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Worldwide Oilfield Machine, Inc. v. Ameriforge Group, Inc.

Paid petition · United States Court of Appeals for the Federal Circuit, No. 2016-2344 · judgment October 24, 2017

Certiorari denied · April 30, 2018
Pre-decision estimate: 2% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

Whether inter partes review—an adversarial process used by the United States Patent and Trademark Office ("USPTO") to analyze the validity of existing patents—violates the Constitution by extinguishing private property rights through a nonArticle III forum without a jury. This petition presents the same question which this Court is considering in Oil States Energy Services, LLC v. Greene's Energy Group, LLC, 639 F. App'x 639 (Fed. Cir. 2016), cert. granted, 2017 WL 2507340 (U.S. June 12, 2017) ("Oil States"). Because this petition implicates the same issues to be decided in Oil States, and because the Court will soon decide the power of the Patent Trial and Appeal Board ("Board") of the USPTO to determine validity of patent rights, Petitioner asks that the Court hold its petition pending that decision. (i)

Counsel of record

For petitioner
Aaron Ellsworth Homer
Aaron Homer Law

For respondent
Jonathan Saul Franklin
Norton Rose Fulbright US, LLP

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Apr 30 2018
    Petition DENIED.
  2. Apr 24 2018
    DISTRIBUTED for Conference of 4/27/2018.
  3. Mar 13 2018
    DISTRIBUTED for Conference of 3/29/2018.
  4. Mar 12 2018
    Reply of petitioner Worldwide Oilfield Machine, Inc. filed.
  5. Feb 26 2018
    Brief of respondent Ameriforge Group Inc, d/b/a AFGlobal Corporation in opposition filed.
  6. Jan 22 2018
    Petition for a writ of certiorari filed. (Response due February 26, 2018)