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Texas Advanced Optoelectronic Solutions, Inc. v. Renesas Electronics America, Inc., fka Intersil Corporation

Paid petition · United States Court of Appeals for the Federal Circuit, No. 2016-2121, 2016-2208, 2016-2235 · judgment July 9, 2018

Certiorari denied · June 24, 2019

Pre-decision estimate: 1% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

Under 35 U.S.C. § 271(a), a person directly infringes a patent whenever she “offers to sell” a patented invention “within the United States.” The question presented is whether an “offer[] to sell” occurs where the offer is actually made or where the offer contemplates that the proposed sale will take place.

Counsel of record

For petitioner
Mark Simon Davies
White & Case LLP

For respondent
Gregory Andrew Castanias
Jones Day

Case

Conference history
Distributed for 2 conferences

Amicus briefs
2 cert-stage

Linked docket
18A307

Proceedings

Jun 24 2019
Petition DENIED.
Jun 04 2019
DISTRIBUTED for Conference of 6/20/2019.
Jun 03 2019
Supplemental brief of petitioner Texas Advanced Optoelectronic Solutions, Inc., n/k/a ams Sensors USA Inc. filed. (Distributed)
May 21 2019
Brief amicus curiae of United States filed.
Jan 07 2019
The Solicitor General is invited to file a brief in this case expressing the views of the United States.
Dec 19 2018
DISTRIBUTED for Conference of 1/4/2019.
Dec 18 2018
Reply of petitioner Texas Advanced Optoelectronic Solutions, Inc., n/k/a ams Sensors USA Inc. filed. (Distributed)
Dec 07 2018
Amicus brief of Intellectual Property Professors in Support of Petitioner not accepted for filing. (December 07, 2018) (Corrected version electronically filed December 7, 2018)
Dec 07 2018
Brief of respondent Renesas Electronics America, Inc., f/k/a Intersil Corporation in opposition filed.
Dec 07 2018
Brief amicus curiae of Intellectual Property Professors in Support of Petitioner filed.
Nov 20 2018
Blanket Consent filed by Petitioner, Texas Advanced Optoelectronic Solutions, Inc., n/k/a ams Sensors USA Inc..
Nov 05 2018
Petition for a writ of certiorari filed. (Response due December 7, 2018)
Sep 25 2018
Application (18A307) granted by The Chief Justice extending the time to file until November 5, 2018.
Sep 21 2018
Application (18A307) to extend the time to file a petition for a writ of certiorari from October 7, 2018 to November 5, 2018, submitted to The Chief Justice.
Main Document