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RPX Corporation v. ChanBond LLC

Paid petition · United States Court of Appeals for the Federal Circuit, No. 2017-2346 · judgment January 17, 2018


Certiorari denied · June 17, 2019
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

Can the Federal Circuit refuse to hear an appeal by a petitioner from an adverse final decision in a Patent Office inter partes review on the basis of lack of a patent-inflicted injury in fact when Congress has (i) statutorily created the right to have the Director of the Patent Office cancel patent claims when the petitioner has met its burden to show unpatentability of those claims, (ii) statutorily created the right for parties dissatisfied with a final decision of the Patent Office to appeal to the Federal Circuit, and (iii) statutorily created an estoppel prohibiting the petitioner from again challenging the patent claims?

Counsel of record

For petitioner
Daniel B. Ravicher

For respondent
Andrea Pacelli
King & Wood Mallesons LLP

Case

Conference history
Distributed for 3 conferences

Amicus briefs
4 cert-stage

Linked docket
17A1057

Proceedings

  1. Jun 17 2019
    Petition DENIED.
  2. May 28 2019
    DISTRIBUTED for Conference of 6/13/2019.
  3. May 28 2019
    Supplemental brief of petitioner RPX Corporation filed. (Distributed)
  4. May 09 2019
    Brief amicus curiae of United States of America filed.
  5. Oct 01 2018
    The Solicitor General is invited to file a brief in this case expressing the views of the United States.
  6. Sep 05 2018
    DISTRIBUTED for Conference of 9/24/2018.
  7. Sep 05 2018
    Reply of petitioner RPX Corporation filed. (Distributed)
  8. Aug 22 2018
    Brief of respondent Chanbond LLC in opposition filed.
  9. Jul 25 2018
    Response Requested. (Due August 24, 2018)
  10. Jul 20 2018
    Brief amicus curiae of New York Intellectual Property Law Association in support of neither party filed. (Distributed)
  11. Jul 20 2018
    Brief amicus curiae of The Initiative for Medicines Access & Knowledge (I-Mak) and Patients for Affordable Drugs, Inc. (P4AD) filed. (Distributed)
  12. Jul 19 2018
    Brief amicus curiae of Askeladden LLC filed. (Distributed)
  13. Jul 11 2018
    DISTRIBUTED for Conference of 9/24/2018.
  14. Jul 09 2018
    Waiver of right of respondent Chanbond LLC to respond filed.
  15. Jul 02 2018
    Letter of June 28, 2018, received from counsel for the petitioner.
  16. Jun 18 2018
    Petition for a writ of certiorari filed. (Response due July 20, 2018)
  17. Apr 02 2018
    Application (17A1057) granted by The Chief Justice extending the time to file until June 16, 2018.
  18. Mar 27 2018
    Application (17A1057) to extend the time to file a petition for a writ of certiorari from April 17, 2018 to June 16, 2018, submitted to The Chief Justice.