Supreme Court of the United States · Official docket →
Capella Photonics, Inc. v. Cisco Systems, Inc., et al.
Paid petition · United States Court of Appeals for the Federal Circuit, No. 2016-2394, 2016-2395, 2017-1105, 2017-1106, 2017-1107, 2017-1108 · judgment February 12, 2018
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
Whether the Federal Circuit’s practice of routinely issuing judgments without opinions in appeals from the Patent Trial and Appeal Board violates 35 U.S.C. § 144, which provides that the Federal Circuit “shall issue . . . its mandate and opinion” in such appeals. 1 1 This question is substantially similar to the second question presented in Leon Stambler v. Mastercard International, Inc., No. 17-1140. The Court called for a response to the Stambler petition, and briefing was completed as of June 20, 2018.
Counsel of record
For petitioner
Robert Greene Sterne
Sterne, Kessler, et al.
For respondent
Nathaniel Thomas Browand
Milbank, Tweed, Hadley & McCloy LLP
Proceedings
- Nov 05 2018Petition DENIED.
- Oct 17 2018DISTRIBUTED for Conference of 11/2/2018.
- Oct 11 2018Brief amici curiae of US Inventor, Inc. and Eleven Affected Inventors filed.
- Oct 09 2018Waiver of right of respondents Lumentum Holdings Inc., Lumentum Inc., and Lumentum Operations LLC to respond filed.
- Oct 05 2018Waiver of right of respondent Ciena Corporation to respond filed.
- Oct 04 2018Waiver of right of respondent Fujitsu Network Communications, Inc. to respond filed.
- Oct 04 2018Waiver of right of respondent Cisco Systems, Inc. to respond filed.
- Sep 06 2018Petition for a writ of certiorari filed. (Response due October 11, 2018)
- Jul 05 2018Application (18A6) granted by The Chief Justice extending the time to file until September 6, 2018.
- Jun 28 2018Application (18A6) to extend the time to file a petition for a writ of certiorari from July 8, 2018 to September 6, 2018, submitted to The Chief Justice.