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Richard Gramm v. Deere & Company

Paid petition · United States Court of Appeals for the Federal Circuit, No. 2017-1252, 2017-1253 · judgment February 13, 2018

GVR'd · October 1, 2018
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

In light of SAS Institute Inc. v. Iancu, 138 S. Ct. 1348 (2018), should this Court grant certiorari, vacate, and remand the Federal Circuit’s decision, issued prior to SAS, affirming the Patent Trial and Appeal Board’s final written decisions of the partially instituted inter partes reviews that did not address all claims as required by SAS? PARTIES TO THE PROCEEDINGS Petitioner in this Court, patent owner and appellant below, is Richard Gramm. Mr. Gramm’s company Headsight, Inc. is also a real party in interest. Pursuant to Rule 29.6, Petitioner states that there is no parent company, and no other company owns 10% or more of Headsight. Respondent in this Court, appellee below and petitioner in the inter partes reviews, is Deere & Company.

Counsel of record

For petitioner
David P. Swenson
Larkin Hoffman Daly & Lindgren, Ltd.

For respondent
Gary Melchior Ropski
Brinks Gilson & Lione

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Nov 02 2018
    JUDGMENT ISSUED.
  2. Oct 01 2018
    Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of SAS Institute Inc. v. Iancu, 584 U. S. ___ (2018).
  3. Sep 20 2018
    Supplemental brief of respondent Deere & Company filed. (Distributed)
  4. Sep 05 2018
    DISTRIBUTED for Conference of 9/24/2018.
  5. Sep 04 2018
    Reply of petitioner Richard Gramm filed.
  6. Aug 17 2018
    Brief of respondent Deere & Company in opposition filed.
  7. Jul 16 2018
    Petition for a writ of certiorari filed. (Response due August 17, 2018)