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Enova Technology Corp. v. Seagate Technology (US) Holdings, Inc., et al.

Paid petition · United States Court of Appeals for the Federal Circuit, No. 2016-1749, 2016-1751, 2016-2039 · judgment September 6, 2017


Certiorari denied · April 30, 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

This Court recently granted certiorari 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”) to consider the constitutionality of inter partes review (“IPR”) proceedings that analyze the validity of issued patents. The present case, in which the United States Patent & Trademark Office (“USPTO”) invalidated Petitioner’s patent, involves the same question presented in Oil States: that is, whether IPR proceedings, an adversarial process used by the Patent Trial and Appeal Board (“Board”) of the USPTO to analyze the validity of existing patents, violates the Constitution by extinguishing private property rights through a non-Article III forum without a jury. RULES 14.1(b) AND 29.6 STATEMENT All parties are identified in the caption of this petition. Enova Technology Corp. is a privately held corporation. It has no parent company, and no publicly held company owns 10% or more of its stock.

Counsel of record

For petitioner
Darryl M. Woo
Goodwin Procter LLP

For respondent
Calvin Lee Litsey
Faegre Baker Daniels

Case

Conference history
Distributed for 3 conferences

Proceedings

  1. Apr 30 2018
    Petition DENIED.
  2. Apr 24 2018
    DISTRIBUTED for Conference of 4/27/2018.
  3. Mar 07 2018
    DISTRIBUTED for Conference of 3/23/2018.
  4. Feb 20 2018
    Brief of respondents Seagate Technology (US) Holdings, Inc.; Seagate Technology LLC in opposition filed.
  5. Jan 19 2018
    Response Requested. (Due February 20, 2018)
  6. Jan 17 2018
    DISTRIBUTED for Conference of 2/16/2018.
  7. Nov 27 2017
    Petition for a writ of certiorari filed. (Response due December 29, 2017)