Supreme Court of the United States · Official docket →

Prism Technologies LLC v. Sprint Spectrum L.P., dba Sprint PCS

Paid petition · United States Court of Appeals for the Federal Circuit, No. 2018-1108 · judgment February 1, 2019

Certiorari denied · June 10, 2019

Pre-decision estimate: 5% cert probability

Before the decision, modestly above the 4.1% base rate. The model weighted this up for a dissent in the court below (flagged in the petition), a Federal Circuit decision below, and a business petitioner, and down for a business respondent.

Question presented

Whether the Federal Circuit Court of Appeals may retroactively expand the scope of its appellate jurisdiction to invalidate patent claims under 35 U.S.C. § 101 when those claims were not raised in the petitioner’s appeal or necessary for its judgment? Whether a district court may disregard a mandate from the Federal Circuit for entry of judgment, and ignore this Court’s precedent, by retroactively applying the collateral estoppel doctrine based on a ruling in a subsequent action where there is no mutuality of claims or defenses?

Counsel of record

For petitioner
Paul Joseph Andre
Kramer Levin Naftalis & Frankel LLP

For respondent
Carter G. Phillips
Sidley Austin LLP

Case

Conference history
Distributed for 1 conference

Proceedings

Jun 10 2019
Petition DENIED.
May 21 2019
DISTRIBUTED for Conference of 6/6/2019.
May 16 2019
Waiver of right of respondent Sprint Spectrum L.P., dba Sprint PCS to respond filed.
May 01 2019
Petition for a writ of certiorari filed. (Response due June 5, 2019)