Supreme Court of the United States · Official docket →
Apple Inc. v. Optis Cellular Technology, LLC, et al.
Paid petition · United States Court of Appeals for the Federal Circuit, No. 2021-1043, 2021-1044, 2021-1046 · judgment December 21, 2020
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
Whether the U.S. Court of Appeals for the Federal Circuit may review, by appeal or mandamus, a decision of the U.S. Patent & Trademark Office denying a petition for inter partes review of a patent, where review is sought on the grounds that the denial rested on an agency rule that exceeds the PTO’s authority under the Leahy-Smith America Invents Act, is arbitrary or capricious, or was adopted without required notice-and-comment rulemaking.
Counsel of record
For petitioner
Catherine Mary Agnes Carroll
Wilmer Cutler Pickering Hale and Dorr
For respondent
William McGinley Jay
Goodwin Procter, LLP
Case
Conference history
Distributed for 2 conferences
Amicus briefs
5 cert-stage
Proceedings
- Jan 18 2022Petition DENIED.
- Dec 29 2021DISTRIBUTED for Conference of 1/14/2022.
- Dec 28 2021Reply of petitioner Apple Inc. filed. (Distributed)
- Dec 24 2021Waiver of the 14-day waiting period for the distribution of the petition under Rule 15.5 filed.
- Dec 23 2021Brief of respondents Private Respondents in opposition filed.
- Dec 17 2021Motion to extend the time to file a response DENIED.
- Dec 16 2021Response to motion to extend the time to file a response from petitioner Apple Inc. filed.
- Dec 16 2021Reply of Optis Cellular Technology, LLC, et al. in support of request for an extension of time filed.
- Dec 15 2021Motion to extend the time to file a response from December 23, 2021 to January 24, 2022, submitted to The Clerk.
- Nov 23 2021Response Requested. (Due December 23, 2021)
- Nov 16 2021DISTRIBUTED for Conference of 12/3/2021.
- Nov 15 2021Reply of petitioner Apple Inc. filed. (Distributed)
- Oct 27 2021Brief of respondent United States in opposition filed.
- Sep 21 2021Motion to extend the time to file a response is granted and the time is further extended to and including October 27, 2021, for all respondents.
- Sep 20 2021Motion to extend the time to file a response from September 27, 2021 to October 27, 2021, submitted to The Clerk.
- Aug 27 2021Brief amicus curiae of Computer and Communications Industry Association filed.
- Aug 27 2021Brief amici curiae of Leading Innovators filed.
- Aug 27 2021Brief amicus curiae of ACT | The App Association filed.
- Aug 27 2021Brief amicus curiae of Roku, Inc. filed.
- Aug 25 2021Waiver of right of respondent Optis Cellular Technology, LLC, et al. to respond filed.
- Aug 25 2021Brief amicus curiae of Jeremy C. Doerre in support of neither party filed.
- Aug 05 2021Motion to extend the time to file a response is granted and the time is extended to and including September 27, 2021, for all respondents.
- Aug 04 2021Motion to extend the time to file a response from August 27, 2021 to September 27, 2021, submitted to The Clerk.
- Jul 26 2021Petition for a writ of certiorari filed. (Response due August 27, 2021)