Supreme Court of the United States · Official docket →

ESIP Series 2, LLC v. Puzhen Life USA, LLC

Paid petition · United States Court of Appeals for the Federal Circuit, No. 2019-1659 · judgment May 19, 2020

Certiorari denied · October 13, 2020

Pre-decision estimate: 1% cert probability

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

Questions presented

The questions presented are:

Whether Board decisions that are arbitrary and capricious, exceed the Board’s statutory jurisdiction from the start, and are made by administrative patent judges holding that position in violation of the Appointments Clause, which decisions are not reviewed by any principal officer in the Executive Branch, are also precluded from review by an Art. III court.
Whether the Federal Circuit’s ruling in ESIP Series 2, LLC v. Puzhen Life USA, LLC, 958 F.3d 1378 (Fed. Cir. 2020) improperly extends the scope of Thryv, Inc. v. Click-to-Call Techs., LP, 140 S.Ct. 1367 (2020).

For petitioner
Gordon Keith Hill
Pate Baird, PLLC

For respondent
Mark A. Miller
Dorsey & Whitney, LLP

Conference history
Distributed for 1 conference

Oct 13 2020
Petition DENIED.
Sep 16 2020
DISTRIBUTED for Conference of 10/9/2020.
Aug 31 2020
Waiver of right of respondent Puzhen Life USA, Inc. to respond filed.
Aug 14 2020
Petition for a writ of certiorari filed. (Response due September 28, 2020)