Supreme Court of the United States · Official docket →
CustomPlay, LLC v. Amazon.com, Inc., et al.
Paid petition · United States Court of Appeals for the Federal Circuit, No. 2020-2207 · judgment February 15, 2022
Before the decision, modestly above the 4.1% base rate. The model weighted this up for a petition citing three to ten dissents, a Federal Circuit decision below, and a business petitioner, and down for a business respondent.
Questions presented
-
Whether the Patent and Trademark Office (PTO) violated the statutory text and legislative intent of the America Invents Act (AIA) by delegating the PTO Director’s responsibility to determine whether to institute inter partes review (IPR) of issued patents to the Patent Trial and Appeal Board (PTAB), which is the entity that the AIA directs to render final decisions in instituted proceedings.
-
W hether the PTO’s administration of IPR proceedings violates a patent owner’s constitutional right to due process by having the same decisionmaker, the PTAB, render both the institution decision and the final decision.
Counsel of record
For petitioner
John C. Carey
Carey Rodriguez Greenberg & Paul LLP
For respondent
Elizabeth B. Prelogar
Solicitor General
Case
Subject area
Economic Activity (estimated from the questions presented, in the Supreme Court Database’s categories)
Conference history
Distributed for 1 conference
Proceedings
- Oct 03 2022Petition DENIED.
- Jul 13 2022DISTRIBUTED for Conference of 9/28/2022.
- Jun 24 2022Waiver of right of respondent Federal Respondents to respond filed.
- May 16 2022Petition for a writ of certiorari filed. (Response due July 6, 2022)