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Nidec Motor Corporation v. Zhongshan Broad Ocean Motor Co., Ltd., et al.

Paid petition · United States Court of Appeals for the Federal Circuit, No. 16-2321 · judgment August 22, 2017


Certiorari denied · April 30, 2018
Pre-decision estimate: 8% cert probability (95% interval 5%–12%)

Before the decision, about 2× the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a dissent in the court below (flagged in the petition), and a Federal Circuit decision below, and down for a business respondent.

Questions presented

  1. Whether the Federal Circuit has erred in holding that, for the purposes of an obviousness determination under 35 U.S.C. § 103(a), a reference “teaches away” from a proposed combination only if it expressly “criticize[s], discredit[s], or otherwise discourage[s]” the proposed combination.

  2. Whether inter partes review—an adversarial process used by the Patent and Trademark Office to analyze the validity of existing patents—violates the Constitution by extinguishing private party rights through a non-Article III forum without a jury. PARTIES TO THE PROCEEDING All parties to the proceeding are identified in the caption except the Director of the United States Patent and Trademark Office, who intervened at the Federal Circuit to address a question not at issue in this petition. RULE 29.6 STATEMENT Nidec Motor Corporation is a wholly owned subsidiary of Nidec Americas Holding Corporation. Nidec Corporation owns 10% or more of the stock of Nidec Americas Holding Corporation.

Counsel of record

For petitioner
Scott Rebert Brown
Hovey Williams LLP

For respondent
Charles S. Baker
Locke Lord LLP

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Apr 30 2018
    Petition DENIED.
  2. Apr 24 2018
    DISTRIBUTED for Conference of 4/27/2018.
  3. Feb 07 2018
    DISTRIBUTED for Conference of 2/23/2018.
  4. Feb 02 2018
    Reply of petitioner Nidec Motor Corporation filed.
  5. Jan 22 2018
    Brief of respondent Federal Respondent filed.
  6. Dec 14 2017
    Motion to extend the time to file a response is granted and the time is extended to and including January 22, 2018.
  7. Dec 12 2017
    Motion to extend the time to file a response from December 22, 2017 to January 22, 2018, submitted to The Clerk.
  8. Dec 08 2017
    Waiver of right of respondent ZHONGSHAN BROAD OCEAN MOTOR CO., et al. to respond filed.
  9. Nov 20 2017
    Petition for a writ of certiorari filed. (Response due December 22, 2017)