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PersonalWeb Technologies, LLC v. Patreon, Inc., et al.

Paid petition · United States Court of Appeals for the Federal Circuit, No. 2019-1918 · judgment June 17, 2020

Certiorari denied · May 16, 2022
Pre-decision estimate: 17% cert probability (95% interval 12%–24%)

Before the decision, about 4.1× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition), and down for a business respondent.

Questions presented

This Court has repeatedly held that, absent guidance from Congress, courts should not create special procedural rules for patent cases or devise novel preclusion doctrines that stray beyond the traditional bounds of claim and issue preclusion. Nonetheless, over the past seven years, the Federal Circuit has created and then repeatedly expanded a special, patent-specific preclusion doctrine that it attributes to this Court’s 114-year-old decision in Kessler v. Eldred, 206 U.S. 285 (1907)—a case this Court has not cited for almost 70 years. The Federal Circuit now routinely applies its so-called “Kessler doctrine” to reject suits like this one that would survive under ordinary preclusion principles. The questions presented are:

  1. Whether the Federal Circuit correctly interpreted Kessler to create a freestanding preclusion doctrine that may apply even when claim and issue preclusion do not.

  2. Whether the Federal Circuit properly extended its Kessler doctrine to cases where the prior judgment was a voluntary dismissal.

Counsel of record

For petitioner
Jeffrey Alan Lamken
MoloLamken LLP

For respondent
J. David Hadden
Fenwick & West LLP

Case

Conference history
Distributed for 3 conferences

Amicus briefs
2 cert-stage

Proceedings

  1. May 16 2022
    Petition DENIED.
  2. Apr 28 2022
    Supplemental brief of respondents Patreon, Inc., et al. filed. (Distributed)
    Main DocumentCertificate of Word CountProof of Service
  3. Apr 26 2022
    DISTRIBUTED for Conference of 5/12/2022.
  4. Apr 21 2022
    Supplemental brief of petitioner PersonalWeb Technologies, LLC filed.
    Main DocumentProof of ServiceCertificate of Word Count
  5. Apr 08 2022
    Brief amicus curiae of United States filed.
    Main DocumentProof of Service
  6. Oct 04 2021
    The Acting Solicitor General is invited to file a brief in this case expressing the views of the United States.
  7. Sep 08 2021
    DISTRIBUTED for Conference of 9/27/2021.
  8. Sep 03 2021
    Reply of petitioner PersonalWeb Technologies, LLC filed. (Distributed)
    Main DocumentProof of ServiceCertificate of Word Count
  9. Aug 23 2021
    Brief of respondents Patreon, Inc., et al. in opposition filed.
    Main DocumentProof of ServiceCertificate of Word Count
  10. Jun 04 2021
    Motion to extend the time to file a response is granted and the time is extended to and including August 23, 2021.
  11. Jun 03 2021
    Motion to extend the time to file a response from June 24, 2021 to August 23, 2021, submitted to The Clerk.
    Main Document
  12. May 25 2021
    Response Requested. (Due June 24, 2021)
  13. May 11 2021
    DISTRIBUTED for Conference of 5/27/2021.
  14. May 06 2021
    Brief amicus curiae of CFL Technologies LLC filed.
    Main DocumentCertificate of Word CountProof of Service
  15. May 05 2021
    Waiver of right of respondents Patreon, Inc., et al. to respond filed.
    Main Document
  16. Apr 02 2021
    Petition for a writ of certiorari filed. (Response due May 6, 2021)
    PetitionCertificate of Word CountProof of Service