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Intel Corporation v. VLSI Technology LLC, et al.

Paid petition · United States Court of Appeals for the Federal Circuit, No. 2021-1614, 2021-1616, 2021-1617, 2021-1673, 2021-1674, 2021-1675, 2021-1676, 2021-1677, 2021-1738, 2021-1739, 2021-1740, 2021-1741 · judgment May 5, 2021


Certiorari denied · March 21, 2022
Pre-decision estimate: 3% cert probability

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 and 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-andcomment rulemaking. (i)

Counsel of record

For petitioner
Catherine Mary Agnes Carroll
Wilmer Cutler Pickering Hale and Dorr

For respondent
Nathan Nobu Lowenstein
Lowenstein & Weatherwax LLP

Case

Conference history
Distributed for 1 conference

Amicus briefs
1 cert-stage

Linked docket
21A115

Proceedings

  1. Mar 21 2022
    Petition DENIED.
  2. Mar 02 2022
    DISTRIBUTED for Conference of 3/18/2022.
  3. Mar 01 2022
    Reply of petitioner Intel Corporation filed. (Distributed)
  4. Feb 14 2022
    Brief of respondent Federal Respondent in opposition filed.
  5. Jan 14 2022
    Brief amici curiae of Unified Patents, LLC, et al. filed.
  6. Dec 22 2021
    Motion to extend the time to file a response is granted and the time is extended to and including February 14, 2022, for all respondents.
  7. Dec 22 2021
    Waiver of right of respondent VLSI Technology LLC to respond filed.
  8. Dec 21 2021
    Motion to extend the time to file a response from January 14, 2022 to February 14, 2022, submitted to The Clerk.
  9. Dec 13 2021
    Petition for a writ of certiorari filed. (Response due January 14, 2022)
  10. Oct 27 2021
    Application (21A115) granted by The Chief Justice extending the time to file until December 24, 2021.
  11. Oct 25 2021
    Application (21A115) to extend the time to file a petition for a writ of certiorari from November 24, 2021 to December 24, 2021, submitted to The Chief Justice.