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Whirlpool Corporation v. Homeland Housewares, LLC

Paid petition · United States Court of Appeals for the Federal Circuit, No. 2016-1511 · judgment August 4, 2017

Certiorari denied · 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

This petition presents the same question that the Court is considering in Oil States Energy Services, LLC v. Greene’s Energy Group, LLC, No. 16-712: Whether inter partes review—an adversarial process used by the United States 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
Brian Robert Matsui
Morrison & Foerster LLP

For respondent
R. Joseph Trojan
Trojan Law Offices

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Jun 04 2018
    Petition DENIED.
  2. May 15 2018
    DISTRIBUTED for Conference of 5/31/2018.
  3. Apr 26 2018
    Brief of respondent Homeland Housewares, LLC in opposition filed.
  4. Mar 27 2018
    Response Requested. (Due April 26, 2018)
  5. Mar 21 2018
    DISTRIBUTED for Conference of 4/13/2018.
  6. Mar 12 2018
    Waiver of right of respondent Homeland Housewares, LLC to respond filed.
  7. Mar 06 2018
    Petition for a writ of certiorari filed. (Response due April 9, 2018)