Supreme Court Report

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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: 6% cert probability (95% interval 4%–10%)

Before the decision, about 1.6× the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a dissent in the court below (flagged in the petition), and a Federal Circuit decision below.

Questions presented

  1. 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).

  2. 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?

Counsel of record

For petitioner
Papool Subhash Chaudhari
Chaudhari Law, PLLC

For respondent
Mark G. Davis
Greenberg Traurig

Case

Conference history
Distributed for 2 conferences

Proceedings

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