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NST Global, LLC, dba SB Tactical v. Sig Sauer Inc.

Paid petition · United States Court of Appeals for the Federal Circuit, No. 2021-2241, 2021-2242, 2021-2247, 2021-2248 · judgment November 8, 2022


Certiorari denied · June 20, 2023
Pre-decision estimate: 5% cert probability (95% interval 3%–8%)

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

Questions presented

The Federal Circuit summarily affirmed the Patent Trial and Appeal Board’s decision to construe patent preambles as limiting, denying Patent Owner’s rights and narrowing its property. The questions presented are as follows:

  1. Whether the Federal Circuit’s affirmance of the Patent Trial and Appeal Board’s decision that results from the Board’s sua sponte construction of a patent’s preambles as limiting based on convoluted and conflicting preamble construction standards, impermissibly eliminates or shifts the burden to invalidate a patent from the patent challenger in an Inter Partes Review Proceeding in contravention of statutory requirements under 35 U.S.C. §§ 112, 282, and 316.

  2. Whether the Federal Circuit’s affirmance of the Patent Trial and Appeal Board’s Decision violated Patent Owner’s Due Process Rights and the Administrative Procedure Act where Patent Owner was not given notice that the Board was considering whether the language of a patent’s preamble was limiting such as to invalidate patent claims nor given an opportunity to present argument or evidence that the preamble was not limiting.

  3. Whether in appeals from the United States Patent and Trademark Office, the Federal Circuit’s use of Federal Circuit Rule 36, which (i)

Counsel of record

For petitioner
Cristina Alonso
Alonso Appeals

For respondent
Laura Louise Carroll
Burns & Levinson LLP

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jun 20 2023
    Petition DENIED.
  2. May 30 2023
    DISTRIBUTED for Conference of 6/15/2023.
  3. May 26 2023
    Reply of petitioner NST Global, LLC d/b/a SB Tactical filed. (Distributed)
  4. May 15 2023
    Brief of respondent Sig Sauer Inc. in opposition filed.
  5. Apr 12 2023
    Petition for a writ of certiorari filed. (Response due May 15, 2023)