Supreme Court of the United States · Official docket →

Hitachi Metals, Ltd. v. Alliance of Rare-Earth Permanent Magnet Industry

Paid petition · United States Court of Appeals for the Federal Circuit, No. 2016-1824, 2016-1825 · judgment July 6, 2017

Certiorari denied · April 30, 2018

Pre-decision estimate: 1% 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
Marc Andrew Hearron
Center for Reproductive Rights

For respondent
Michael Shields Connor
Alston & Bird LLP

Case

Conference history
Distributed for 3 conferences

Proceedings

Apr 30 2018
Petition DENIED.
Apr 24 2018
DISTRIBUTED for Conference of 4/27/2018.
Feb 14 2018
DISTRIBUTED for Conference of 3/2/2018.
Feb 14 2018
Reply of petitioner Hitachi Metals, Ltd. filed. (Distributed)
Jan 29 2018
Brief of respondent Alliance of Rare-Earth Permanent Magnet Industry in opposition filed.
Dec 29 2017
Response Requested. (Due January 29, 2018)
Dec 27 2017
DISTRIBUTED for Conference of 1/12/2018.
Dec 13 2017
Waiver of right of respondent Alliance of Rare-Earth Permanent Magnet Industry to respond filed.
Nov 21 2017
Petition for a writ of certiorari filed. (Response due December 27, 2017)