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Personal Audio, LLC v. CBS Corporation

Paid petition · United States Court of Appeals for the Federal Circuit, No. 2018-2256 · judgment January 10, 2020

Certiorari denied · November 9, 2020
Pre-decision estimate: 4% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a Federal Circuit decision below, and a business petitioner, and down for a business respondent.

Questions presented

  1. Must the collateral estoppel effect of an inter partes review be raised and litigated in the appeal of the inter partes review, rather than in the court in which estoppel is sought?

  2. Should an inter partes review that violated the Appointments Clause of the Constitution be given collateral estoppel effect over a prior jury verdict?

  3. Whether the Patent and Trademark Office’s decision invalidating Petitioner’s patent in inter partes review violates the Reexamination Clause of the Seventh Amendment by overturning a jury’s findings of facts in the prior district court action? Personal Audio, LLC v. CBS Corp., C.A. No. 2:13-cv-270 (E.D. Tex. Apr. 11, 2013).

  4. Did the Petitioner waive the above arguments by acknowledging the state of the Federal Circuit case law?

Counsel of record

For petitioner
Papool Subhash Chaudhari
Chaudhari Law, PLLC

For respondent
Steven Lieberman
Rothwell, Figg, Ernst & Manbeck, P.C.

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Nov 09 2020
    Petition DENIED.
  2. Oct 21 2020
    DISTRIBUTED for Conference of 11/6/2020.
  3. Oct 01 2020
    Brief of respondent CBS Corporation in opposition filed.
  4. Aug 27 2020
    Petition for a writ of certiorari filed. (Response due October 1, 2020)