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Jump Rope Systems, LLC v. Coulter Ventures, LLC, dba Rogue Fitness
Paid petition · United States Court of Appeals for the Federal Circuit, No. 2022-1624 · judgment June 28, 2022
Before the decision, about 2.9× 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.
Question presented
This Court repeatedly has held that, absent a directive to the contrary in a federal statute or rule of procedure, federal courts should not (1) create issue- or claim-preclusion rules that are inconsistent with the Restatement (Second) of Judgments; or (2) create common-law procedural rules applicable in patent law cases that differ in application from federal cases generally. Nonetheless, the Federal Circuit did both in XY, LLC v. Trans Ova Genetics, L.C., 890 F.3d 1282 (Fed. Cir. 2018), by creating a widely applicable collateral estoppel rule in patent infringement cases flatly inconsistent with section 28(4) of the Restatement and in direct conflict with this Court’s decisions in Grogan v. Garner, 498 U.S. 279 (1991); Medtronic, Inc. v. Mirowski Family Ventures, LLC, 571 U.S. 191 (2014); and B&B Hardware, Inc. v. Hargis Indus., 575 U.S. 138 (2015). The Federal Circuit applied XY, LLC in Petitioner’s patent infringement case as dispositive in denying Petitioner relief. The question presented is: Whether, as a matter of federal patent law, a determination of unpatentability by the Patent Trial and Appeal Board in an inter partes review proceeding, affirmed by the Federal Circuit, has a collateral estoppel effect on patent validity in a patent infringement lawsuit in federal district court.
Counsel of record
For petitioner
Robert P. Greenspoon
Dunlap Bennett & Ludwig, PLLC
For respondent
Louis DiSanto
Banner & Witcoff, Ltd.
Case
Conference history
Distributed for 2 conferences
Amicus briefs
3 cert-stage
Proceedings
- Feb 27 2023Motion for leave to file amici brief filed by Joshua J. Malone, et al. GRANTED.
- Feb 27 2023Petition DENIED.
- Feb 08 2023DISTRIBUTED for Conference of 2/24/2023.
- Jan 31 2023Reply of petitioner Jump Rope Systems, LLC filed.
- Jan 19 2023Brief of respondent Coulter Ventures, LLC, dba Rogue Fitness in opposition filed.
- Dec 05 2022Motion for leave to file amici brief filed by Joshua J. Malone, et al.
- Nov 14 2022Motion to extend the time to file a response is granted in part and the time is extended to and including January 19, 2023.
- Nov 10 2022Motion to extend the time to file a response from December 5, 2022 to February 3, 2023, submitted to The Clerk.
- Nov 04 2022Response Requested. (Due December 5, 2022)
- Nov 02 2022DISTRIBUTED for Conference of 11/18/2022.
- Oct 28 2022Brief amicus curiae of DIVX LLC filed.
- Oct 28 2022Brief amici curiae of Fair Inventing Fund filed.
- Oct 27 2022Brief amicus curiae of Eagle Forum Education & Legal Defense Fund filed.
- Oct 24 2022Waiver of right of respondent Coulter Ventures, LLC, dba Rogue Fitness to respond filed.
- Oct 24 2022Blanket Consent filed by Respondent, Coulter Ventures, LLC, dba Rogue Fitness
- Sep 30 2022Blanket Consent filed by Petitioner, Jump Rope Systems, LLC
- Sep 26 2022Petition for a writ of certiorari filed. (Response due October 28, 2022)