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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


Certiorari denied · October 3, 2022
Pre-decision estimate: 4% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for a dissent in the court below (flagged in the petition), a Federal Circuit decision below, and a business petitioner, and down for a business respondent.

Questions presented

  1. 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.

  2. 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

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 03 2022
    Petition DENIED.
  2. Jul 13 2022
    DISTRIBUTED for Conference of 9/28/2022.
  3. Jun 24 2022
    Waiver of right of respondent Federal Respondents to respond filed.
  4. May 16 2022
    Petition for a writ of certiorari filed. (Response due July 6, 2022)