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GS Cleantech Corporation, et al. v. Adkins Energy LLC, et al.

Paid petition · United States Court of Appeals for the Federal Circuit, No. 2016-2231, 2017-1838 · judgment March 2, 2020

Certiorari denied · February 22, 2021
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

Until the Federal Circuit’s decision in this patent case, every Circuit had held that an issue resolved on partial summary judgment, and not reopened at trial, must be reviewed de novo. Here, the district court resolved the issue of patent invalidity on partial summary judgment, and did not reopen it at trial. Yet, the Federal Circuit expressly refused to review the issue de novo, and instead reviewed it under the “abuse of discretion” standard governing review of the decision at trial. The question presented is: Whether the Federal Circuit, in cases arising under the Patent Act, may depart from the uniform rule of the other Circuit Courts that an issue resolved on partial summary judgment, and not reopened at trial, must be reviewed de novo on appeal. i 1933580.1

Counsel of record

For petitioner
Lawrence M. Hadley
Glaser Weil Fink Howard Avchen & Shapiro

For respondent
Marc Andre Al
Stoel Rivers LLP

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Feb 22 2021
    Petition DENIED.
  2. Jan 20 2021
    DISTRIBUTED for Conference of 2/19/2021.
  3. Jan 04 2021
    Motion for leave to file amicus brief filed by Michael Edward McCabe, Jr. (Distributed)
  4. Dec 16 2020
    Waiver of right of respondent Aemetis Advanced Fuels Keyes, Inc. to respond filed.
  5. Dec 11 2020
    Waiver of right of respondent Lincolnway Energy, LLC to respond filed.
  6. Dec 11 2020
    Waiver of right of respondents Homeland Energy Solutions, LLC to respond filed.
  7. Dec 10 2020
    Waiver of right of respondent Bushmills Ethanol, Inc., et al. to respond filed.
  8. Dec 10 2020
    Waiver of right of respondent GEA Mechanical Equipment US, Inc., et al. to respond filed.
  9. Dec 10 2020
    Waiver of right of respondent Adkins Energy LLC to respond filed.
  10. Dec 09 2020
    Waiver of right of respondent Iroquois Bio-Energy Company, LLC to respond filed.
  11. Dec 09 2020
    Waiver of right of respondents ICM, Inc, et al. to respond filed.
  12. Dec 09 2020
    Waiver of right of respondent Blue Flint Ethanol LLC to respond filed.
  13. Dec 08 2020
    Waiver of right of respondent Al-Corn Clean Fuel, LLC to respond filed.
  14. Nov 27 2020
    Petition for a writ of certiorari filed. (Response due January 4, 2021)