Supreme Court of the United States · Official docket →

Personal Audio, LLC v. Electronic Frontier Foundation

Paid petition · United States Court of Appeals for the Federal Circuit, No. 2016-1123 · judgment August 7, 2017

Certiorari denied · May 14, 2018

Pre-decision estimate: 3% cert probability

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

Questions presented

Whether the Patent and Trademark Office’s decision invalidating Petitioner’s patent in inter partes review violates the Reexamination Clause of the Seventh Amendment by overturning a jury’s findings of facts in the prior district court action, Personal Audio, LLC v. CBS Corp., C.A. No. 2:13-cv270 (E.D. Tex. Apr. 11, 2013).
Whether inter partes review—an adversarial process used by the Patent and Trademark Office to analyze the validity of existing patents—violates the Constitution by extinguishing private property rights through a non-Article III forum without a jury?

For petitioner
Papool Subhash Chaudhari
Chaudhari Law, PLLC

For respondent
Mark G. Davis
Greenberg Traurig

Subject area
Economic Activity (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 2 conferences

Order
Order list, May 14, 2018 · Certiorari denied

May 14 2018
Petition DENIED.
Apr 18 2018
DISTRIBUTED for Conference of 5/10/2018.
Apr 04 2018
Brief of respondent Electronic Frontier Foundation in opposition filed.
Mar 06 2018
Response Requested. (Due April 5, 2018)
Feb 28 2018
DISTRIBUTED for Conference of 3/16/2018.
Feb 15 2018
Waiver of right of respondent Electronic Frontier Foundation to respond filed.
Jan 30 2018
Petition for a writ of certiorari filed. (Response due March 5, 2018)