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United Therapeutics Corporation v. SteadyMed Ltd.

Paid petition · United States Court of Appeals for the Federal Circuit, No. 17-2121 · judgment November 14, 2017

Dismissed · June 4, 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

On June 12, 2017, the Court granted review in Oil States Energy Services, LLC v. Greene’s Energy Group, LLC, No. 16-712, 2017 U.S. LEXIS 3727, at *1 to consider the following question presented: Whether inter partes review—an adversarial process used by the Patent and Trademark Office (PTO) to analyze the validity of existing patents—violates the Constitution by extinguishing private property rights through a non-Article III forum without a jury? Id. This case also involves an inter partes review proceeding in which the PTO invalidated Petitioner’s patent and, therefore, this petition presents the same question as Oil States.

Counsel of record

For petitioner
Richard Lee Torczon Jr.
Wilson Sonsini Goodrich and Rosati PC

For respondent
Stanley J. Panikowski III
DLA Piper, LLP (US)

Case

Conference history
Distributed for 1 conference

Proceedings

Jun 04 2018
Petition Dismissed - Rule 46.
Apr 27 2018
Stipulation to dismiss the petition for a writ of certiorari pursuant to Rule 46.1 filed.
Apr 06 2018
Motion to extend the time to file a response is granted and the time is extended to and including May 7, 2018
Apr 05 2018
Motion to extend the time to file a response from April 6, 2018 to May 7, 2018, submitted to The Clerk.
Mar 07 2018
Response Requested. (Due April 6, 2018)
Feb 28 2018
DISTRIBUTED for Conference of 3/16/2018.
Feb 16 2018
Waiver of right of respondent SteadyMed Ltd. to respond filed.
Feb 09 2018
Petition for a writ of certiorari filed. (Response due March 15, 2018)