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Cheetah Omni LLC v. AT&T Services, Inc., et al.

Paid petition · United States Court of Appeals for the Federal Circuit, No. 2019-1264 · judgment February 6, 2020


Certiorari denied · October 5, 2020
Pre-decision estimate: 3% cert probability

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

Question presented

In Rodriguez v. Fed. Deposit Ins. Corp., __ U.S. __, 140 S. Ct. 713, 717 (2020), the Court held that federal courts may not create their own court-made rules unless it is “necessary to protect uniquely federal interests.” THE QUESTION PRESENTED IS: Did the Federal Circuit violate Rodriguez when it invoked its own federal common law rule, superseding controlling state contract law, to hold that a patent license—one that does not expressly license a particular patent—nonetheless impliedly licenses that patent merely because it is a continuation of an expressly licensed patent, without examining whether that federal common law rule was necessary to protect uniquely federal interests?

Counsel of record

For petitioner
Frank A. Angileri
Brooks Kushman, P.C.

For respondent
Robert L. Byer
Duane Morris LLP

Case

Subject area
Economic Activity (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 1 conference

Order
Order list, October 5, 2020 · Certiorari denied

Proceedings

  1. Oct 05 2020
    Petition DENIED.
  2. Aug 19 2020
    DISTRIBUTED for Conference of 9/29/2020.
  3. Aug 13 2020
    Waiver of right of respondent Ciena Corporation and Ciena Communications, Inc. to respond filed.
  4. Aug 12 2020
    Waiver of right of respondent AT&T Services, Inc. to respond filed.
  5. Jun 29 2020
    Petition for a writ of certiorari filed. (Response due August 24, 2020)