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Intel Corporation, et al. v. Continental Circuits LLC

Paid petition · United States Court of Appeals for the Federal Circuit, No. 2018-1076 · judgment February 8, 2019


Certiorari denied · December 9, 2019
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 courts should construe a patent’s claims in light of the written description of the invention disclosed in the patent’s specification, or whether, as the Federal Circuit held, courts should first determine the ordinary meaning of claim terms in isolation, and consider the specification only to the extent that it contains a clear and unmistakable disclaimer of claim scope.

Counsel of record

For petitioner
Donald B. Verrilli Jr.
Munger, Tolles & Olson LLP

For respondent
Jeffrey Alan Lamken
MoloLamken LLP

Case

Conference history
Distributed for 1 conference

Amicus briefs
3 cert-stage

Linked docket
19A236

Proceedings

  1. Dec 09 2019
    Petition DENIED.
  2. Dec 02 2019
    Brief amicus curiae of Paul R. Michel, U.S. Circuit Judge (Ret.) filed. (Received Dec. 10)
  3. Nov 25 2019
    Brief amicus curiae of Computer & Communications Industry Association filed.
  4. Nov 20 2019
    Blanket Consent filed by Petitioner, Intel Corporation; Ibiden U.S.A. Corporation, and Ibiden Company Limited
  5. Nov 19 2019
    Brief amicus curiae of The High Tech Inventors Alliance filed.
  6. Nov 13 2019
    DISTRIBUTED for Conference of 12/6/2019.
  7. Nov 05 2019
    Waiver of right of respondent Continental Circuits LLC to respond filed.
  8. Oct 28 2019
    Petition for a writ of certiorari filed. (Response due December 2, 2019)
  9. Aug 30 2019
    Application (19A236) granted by The Chief Justice extending the time to file until October 28, 2019.
  10. Aug 27 2019
    Application (19A236) to extend the time to file a petition for a writ of certiorari from September 12, 2019 to October 28, 2019, submitted to The Chief Justice.