Supreme Court of the United States · Official docket →
Natural Alternatives International, Inc. v. Andrei Iancu, Director, United States Patent and Trademark Office
Paid petition · United States Court of Appeals for the Federal Circuit, No. 2017-1962, 2017-1963 · judgment October 1, 2018
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
Did the Court of Appeals for the Federal Circuit err in analyzing rulings by the Patent Trial and Appeals Board when it failed to base its decision on the Board’s stated reasoning that was the only reasoning briefed by the Patent Office, failed to explain its reasons for departing from the agency guidance, and removed patent law from the ambit of normal property law to create a non-statutory exception to property law? When is priority established for a patent application under the Trade-Related Aspects of Intellectual Property Rights (TRIPs) so that a Patent Owner can change priority in one application without affecting the priority of applications that have already established priority?
Counsel of record
For petitioner
Scott Allen Max Chambers
Porzio, Bromberg & Newman, P.C.
For respondent
Noel John Francisco
Jones Day
Proceedings
- May 13 2019Petition DENIED.
- Apr 23 2019DISTRIBUTED for Conference of 5/9/2019.
- Apr 16 2019Waiver of right of respondent Andrei Iancu, Director, United States Patent and Trademark Office to respond filed.
- Feb 28 2019Petition for a writ of certiorari filed. (Response due April 4, 2019)
- Dec 21 2018Application (18A657) granted by The Chief Justice extending the time to file until February 28, 2019.
- Dec 13 2018Application (18A657) to extend the time to file a petition for a writ of certiorari from December 30, 2018 to February 28, 2019, submitted to The Chief Justice.