Supreme Court of the United States · Official docket →
Dragon Intellectual Property, LLC v. DISH Network LLC, et al.
Paid petition · United States Court of Appeals for the Federal Circuit, No. 2016-2468, 2016-2492 · judgment November 1, 2017
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
Whether inter partes review—an adversarial process statutorily created in 2011 and 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 nonArticle III forum without a jury, especially for patents granted before inter partes review was created. This petition presents the same question which this Court is considering in Oil States Energy Services, LLC v. Greene’s Energy Group, LLC, 639 F. App’x 639 (Fed. Cir. 2016), cert. granted, 2017 WL 2507340 (U.S. June 12, 2017) (“Oil States Energy Services”). Because this petition implicates the same issues to be decided in Oil States Energy Services, and because the Court will soon decide the power of the Patent Trial and Appeal Board of the USPTO to determine validity of patent rights, Petitioner asks that the Court hold its decision on this petition pending that decision.
Counsel of record
For petitioner
Kai Zhu
For respondent
Aaron Michael Streett
Baker Botts, L.L.P.
Proceedings
- Jun 18 2018Petition Dismissed - Rule 46.
- Jun 08 2018Stipulation to dismiss the petition for a writ of certiorari pursuant to Rule 46 filed.
- Apr 02 2018Motion to extend the time to file a response is granted and the time is extended to and including May 21, 2018
- Mar 29 2018Motion to extend the time to file a response from April 19, 2018 to May 21, 2018, submitted to The Clerk.
- Mar 16 2018Petition for a writ of certiorari filed. (Response due April 19, 2018)
- Jan 25 2018Application (17A787) granted by Justice Kennedy extending the time to file until March 16, 2018.
- Jan 19 2018Application (17A787) to extend the time to file a petition for a writ of certiorari from January 30, 2018 to March 31, 2018, submitted to Justice Kennedy. (The Chief Justice is recused.)