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Haritha Samaranayake, et al. v. Andrei Iancu, Under Secretary of Commerce for Intellectual Property and Director, United States Patent and Trademark Office

Paid petition · United States Court of Appeals for the Federal Circuit, No. 2020-1158 · judgment September 2, 2020

Certiorari denied · February 22, 2021
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

Whether, in creating the required evidentiary record de novo rather than merely reviewing the agency Record below, the Court of Appeals for the Federal Circuit exceeded its statutory jurisdiction under 35 U.S.C. § 144. Whether 5th Amendment due process requires a litigant be afforded the opportunity to proffer rebuttal evidence in response to evidence newlyentered by a Federal Court.

Counsel of record

For petitioner
J. Mark Pohl
Pharmaceutical Patent Attorneys LLC, Pohls & Assoc

For respondent
Brian H. Fletcher
Acting Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Feb 22 2021
    Petition DENIED.
  2. Jan 27 2021
    DISTRIBUTED for Conference of 2/19/2021.
  3. Jan 25 2021
    Waiver of right of respondent Iancu, Andrei to respond filed.
  4. Jan 04 2020
    Petition for a writ of certiorari filed. (Response due February 10, 2021)