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RPX Corporation v. Applications in Internet Time, LLC

Paid petition · United States Court of Appeals for the Federal Circuit, No. 2017-1698, 2017-1699, 2017-1701 · judgment July 9, 2018

Certiorari denied · March 18, 2019
Pre-decision estimate: 11% cert probability (95% interval 6%–17%)

Before the decision, about 2.6× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a petition citing three to ten dissents, and a Federal Circuit decision below, and down for a business respondent.

Question presented

Whether 35 U.S.C. § 314(d) bars judicial review of the Patent and Trademark Office's decision to institute inter partes review where a patent holder's challenge to that institution decision is grounded on a timeliness objection under § 315(b).

Counsel of record

For petitioner
Gregory George Garre
Latham & Watkins LLP

For respondent
Steven C. Sereboff
SoCal IP Law Group LLP

Case

Conference history
Distributed for 2 conferences

Linked docket
18M100

Order
Order list, March 18, 2019 · Certiorari denied

Proceedings

  1. Mar 18 2019
    Petition DENIED.
  2. Mar 13 2019
    Supplemental brief of petitioner RPX Corporation filed. (Distributed)
  3. Feb 27 2019
    DISTRIBUTED for Conference of 3/15/2019.
  4. Feb 20 2019
    Waiver of right of respondent Applications in Internet Time, LLC to respond filed.
  5. Feb 19 2019
    Motion (18M100) for leave to file a petition for a writ of certiorari with the supplemental appendix under seal Granted.
  6. Jan 30 2019
    MOTION (18M100) DISTRIBUTED for Conference of 2/15/2019.
  7. Jan 22 2019
    Motion (18M100) for leave to file a petition for a writ of certiorari with the supplemental appendix under seal filed.
  8. Jan 22 2019
    Petition for a writ of certiorari filed. (Response due March 21, 2019)