Supreme Court of the United States · Official docket →

Simon Nicolas Richmond v. Coleman Cable, LLC, et al.

Paid petition · United States Court of Appeals for the Federal Circuit, No. 2016-1773 · judgment June 9, 2017

Certiorari denied · June 18, 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.

Questions presented

Whether a GVR order in this non-final case is appropriate, in light of Federal Circuit’s intervening en banc decision in Wi-fi One, LLC v. Broadband Corp., Case No. 2015-1944 (Fed.Cir. January 8, 2018) (en banc), which held the “final and nonappealable” provision of 35 U.S.C. § 314(d) is inapplicable to the threshold jurisdictional bar under 35 U.S.C. § 315(b) resulting from prior filing of a civil action.
Whether inter partes review under the America Invents Act violates Article III and the Seventh Amendment of the Constitution.
Whether the “broadest reasonable interpretation” of patent claims used in inter partes review under the America Invents Act—upheld in Cuozzo—is subject to the traditional claim construction principles utilized by this Court for 150 years, including the maxim that claims must be construed, if practicable, to uphold and not destroy the right of the inventor?

For petitioner
Theodore Frederick Shiells
Shiells Law Firm P.C.

For respondent
Mark Christopher Nelson
Barnes & Thornburg LLP

Conference history
Distributed for 2 conferences

Linked docket
17A531

Jun 18 2018
Petition DENIED.
May 29 2018
DISTRIBUTED for Conference of 6/14/2018.
May 25 2018
Reply of petitioner Simon Nicholas Richmond filed. (Distributed)
May 11 2018
Brief of respondents Coleman Cable, LLC, et al. in opposition filed.
Mar 26 2018
Motion to extend the time to file a response is granted and the time is extended to and including May 14, 2018.
Mar 22 2018
Motion to extend the time to file a response from April 12, 2018 to May 14, 2018, submitted to The Clerk.
Mar 13 2018
Response Requested. (Due April 12, 2018)
Mar 07 2018
DISTRIBUTED for Conference of 3/23/2018.
Feb 27 2018
Waiver of right of respondent Coleman Cable, LLC, et al. to respond filed.
Feb 02 2018
Motion to Stay the Proceedings of Simon Nicholas Richmond not accepted for filing. (February 12, 2018)
Jan 25 2018
Petition for a writ of certiorari filed. (Response due February 28, 2018)
Nov 17 2017
Application (17A531) granted by The Chief Justice extending the time to file until January 25, 2018.
Nov 03 2017
Application (17A531) to extend the time to file a petition for a writ of certiorari from November 26, 2017 to January 25, 2018, submitted to The Chief Justice.