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Andrei Iancu, Under Secretary of Commerce for Intellectual Property and Director, United States Patent and Trademark Office v. Fall Line Patents, LLC, et al.

Paid petition · United States Court of Appeals for the Federal Circuit, No. 2019-1956

GVR'd · June 28, 2021
Pre-decision estimate: 33% cert probability (95% interval 21%–49%)

Before the decision, about 8.1× the 4.1% base rate. The model weighted this up for a federal-government petitioner and counsel who has won certiorari before, and down for a business respondent.

Question presented

ANDREI IANCU, UNDER SECRETARY OF COMMERCE FOR INTELLECTUAL PROPERTY AND DIRECTOR, U.S. PATENT AND TRADEMARK OFFICE, PETITIONER v. BOTTOMLINE TECHNOLOGIES (DE) INC. ANDREI IANCU, UNDER SECRETARY OF COMMERCE FOR INTELLECTUAL PROPERTY AND DIRECTOR, U.S. PATENT AND TRADEMARK OFFICE, PETITIONER v. JAMES GELSIN MARX UNITED STATES OF AMERICA, PETITIONER v. SNYDERS HEART VALVE LLC, ET AL. ANDREI IANCU, UNDER SECRETARY OF COMMERCE FOR INTELLECTUAL PROPERTY AND DIRECTOR, U.S. PATENT AND TRADEMARK OFFICE, PETITIONER v. C.A. CASYSO GMBH, ET AL. ANDREI IANCU, UNDER SECRETARY OF COMMERCE FOR INTELLECTUAL PROPERTY AND DIRECTOR, U.S. PATENT AND TRADEMARK OFFICE, PETITIONER v. UNILOC 2017 LLC, ET AL.

Counsel of record

For petitioner
Brian H. Fletcher
Acting Solicitor General

For respondent
Matthew James Antonelli
Antonelli, Harrington & Thompson LLP

Case

Conference history
Distributed for 3 conferences

Proceedings

  1. Jul 30 2021
    JUDGMENT ISSUED.
  2. Jun 28 2021
    Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of United States v. Arthrex, Inc., 594 U. S. ___ (2021). Justice Alito took no part in the consideration or decision of this petition.
  3. Jun 21 2021
    DISTRIBUTED for Conference of 6/24/2021.
  4. Apr 07 2021
    DISTRIBUTED for Conference of 4/23/2021.
  5. Mar 22 2021
    Brief of respondent James Gelsin Marx in support submitted.
  6. Mar 19 2021
    Brief of respondent HemoSonics LLC filed.
  7. Mar 05 2021
    Brief of respondent Fall Line Patents, LLC in support filed.
  8. Feb 22 2021
    Response Requested. (Due March 24, 2021)
  9. Feb 10 2021
    DISTRIBUTED for Conference of 2/26/2021.
  10. Jan 27 2021
    Brief of respondent Apple Inc. in support filed.
  11. Dec 23 2020
    Petition for a writ of certiorari filed. (Response due January 27, 2021)