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Rothschild Digital Media Innovations, LLC v. Sony Interactive Entertainment America, LLC, et al.

Paid petition · United States Court of Appeals for the Federal Circuit, No. 2017-1282 · judgment December 13, 2017

Certiorari denied · May 21, 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

Currently submitted for decision is this Court’s review in Oil States Energy Services, LLC v. Greene’s Energy Group, LLC, No. 16-712, 137 S. Ct. 2237 (Mem.), where the following question was 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. The present case likewise involves an inter partes review proceeding in which the Patent and Trademark Office (the “PTO”) invalidated Petitioner’s patent. Accordingly, this petition presents the same question as Oil States.

Counsel of record

For petitioner
John C. Carey
Carey Rodriguez Greenberg & Paul LLP

For respondent
Abran J. Kean
Erise IP, P.A.

Case

Conference history
Distributed for 1 conference

Proceedings

  1. May 21 2018
    Petition DENIED.
  2. May 01 2018
    DISTRIBUTED for Conference of 5/17/2018.
  3. Apr 13 2018
    Brief of respondents Sony Interactive Entertainment America, LLC, et al. in opposition filed.
  4. Mar 12 2018
    Petition for a writ of certiorari filed. (Response due April 13, 2018)