Supreme Court of the United States · Official docket →

Acer America Corporation, et al. v. Intellisoft, Ltd., et al.

Paid petition · United States Court of Appeals for the Federal Circuit, No. 2019-1522 · judgment April 3, 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.

Question presented

Where Plaintiffs’ theories of trade secret ownership, misappropriation, and damages depend on deciding the patent law issues of inventorship, claim construction, and infringement, does Plaintiffs’ claim “necessarily arise,” under Gunn v. Minton, 568 U.S. 251, 258 (2013), from patent law, thereby justifying removal under 28 U.S.C. §1451, of the claim to district court?
May a state court control jurisdiction over a federal patent law claim and removal under 28 U.S.C. §1454 by declining to make the notice of removal “operative” under state court procedures in contravention to Congress’ intent as implemented in the American Invents Act and risking uniformity in application of patent law principles? (I)

For petitioner
Ian C. Ballon
Greenberg Traurig LLP

For respondent
Aaron M. Panner
Kellogg, Hansen, Todd, Figel & Frederick, P.L.L.C.

Conference history
Distributed for 1 conference

Oct 13 2020
Petition DENIED.
Sep 16 2020
DISTRIBUTED for Conference of 10/9/2020.
Sep 11 2020
Waiver of right of respondent Intellisoft Ltd., et al. to respond filed.
Sep 04 2020
Petition for a writ of certiorari filed. (Response due October 13, 2020)