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ARRIS International Limited v. ChanBond, LLC, et al.

Paid petition · United States Court of Appeals for the Federal Circuit, No. 2018-2426, 2018-2427, 2018-2428, 2018-2429, 2018-2430 · judgment December 27, 2018

Certiorari denied · April 27, 2020
Pre-decision estimate: 2% cert probability

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

Questions presented

  1. Whether the Federal Circuit has appellate jurisdiction to review a decision by the Patent Trial and Appeal Board (“PTAB”) denying institution of an. inter partes review based on the time-bar of 35 U.S.C. § 315(b).

  2. Whether the inability of the Petitioner to appeal the PTAB’s finding that the Petitioner is a “privy” of a third party, thereby affecting a substantive right of the Petitioner, is a denial of due process because of the substantive estoppels arising from that finding in the context of the AIA/ IPR statutory scheme.

Counsel of record

For petitioner
Donald J. English
Duane Morris LLP

For respondent
Noel John Francisco
Jones Day

Case

Subject area
Economic Activity (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 3 conferences

Linked docket
19M28

Order
Order list, April 27, 2020 · Certiorari denied

Proceedings

  1. Apr 27 2020
    Petition DENIED.
  2. Apr 20 2020
    DISTRIBUTED for Conference of 4/24/2020.
  3. Dec 23 2019
    DISTRIBUTED for Conference of 1/10/2020.
  4. Dec 20 2019
    Reply of petitioner Arris International Limited filed.
  5. Dec 06 2019
    Brief of respondent Andrei Iancu in opposition filed.
  6. Nov 04 2019
    Motion to extend the time to file a response is granted and the time is extended to and including December 6, 2019, for all respondents.
  7. Oct 31 2019
    Motion of the Solicitor General to extend the time to file a response from November 6, 2019 to December 6, 2019, submitted to The Clerk.
  8. Oct 31 2019
    Waiver of right of respondent ChanBond, LLC to respond filed.
  9. Oct 07 2019
    Motion (19M28) for leave to file a petiiton for a writ of certiorari with the supplemental appendix under seal with redacted copies for the public record Granted.
  10. Jul 31 2019
    MOTION (19M28) DISTRIBUTED for Conference of 10/1/2019.
  11. Jul 25 2019
    Motion (19M28) for leave to file a petition for a writ of certiorari with the supplemental appendix under seal with redacted copies for the public record filed.
  12. Jul 25 2019
    Petition for a writ of certiorari filed. (Response due November 6, 2019)