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Advanced Audio Devices, LLC v. HTC Corporation, et al.

Paid petition · United States Court of Appeals for the Federal Circuit, No. 2017-1748, 2017-1750, 2017-1805, 2017-1806, 2017-1824 · judgment May 7, 2018

Certiorari denied · October 9, 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

Whether inter partes review (“IPR”) of patents filed before enactment of the Leahy-Smith America Invents Act (“AIA”) violates the Takings Clause of the Fifth Amendment to the U.S. Constitution.

Counsel of record

For petitioner
John S. Paniaguas
Clark Hill PLC

For respondent
Matthew C. Bernstein
Perkins Coie, LLP

Case

Conference history
Distributed for 1 conference

Amicus briefs
2 cert-stage

Proceedings

  1. Oct 09 2018
    Petition DENIED. Justice Kavanaugh took no part in the consideration or decision of this petition.
  2. Sep 19 2018
    DISTRIBUTED for Conference of 10/5/2018.
  3. Sep 10 2018
    Brief amicus curiae of Eagle Forum Education & Legal Defense Fund filed.
  4. Sep 10 2018
    Waiver of right of respondents HTC Corporation, et al. to respond filed.
  5. Sep 10 2018
    Brief amici curiae of Security People, Inc., et al. filed.
  6. Aug 15 2018
    Blanket Consent filed by Petitioner, Advanced Audio Devices, LLC
  7. Aug 03 2018
    Petition for a writ of certiorari filed. (Response due September 10, 2018)