Supreme Court of the United States · Official docket →
Virentem Ventures, LLC v. Google LLC
Paid petition · United States Court of Appeals for the Federal Circuit, No. 2021-1805, 2021-1806
Before the decision, roughly the 4.1% base rate. The model weighted this up for a Federal Circuit decision below and a business petitioner, and down for a business respondent.
Questions presented
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Does the Federal Circuit’s use of Rule 36 to affirm without opinion PTAB invalidity determinations that are challenged based on pure questions of law violate a patentee’s due process rights through arbitrary or disparately applied results?
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Did the Federal Circuit’s use of Rule 36 to affirm without opinion PTAB invalidity determinations of Virentem’s patents violate its due process rights?
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Did the PTAB’s adoption, and Federal Circuit’s summary affirmance, of broad constructions of Time Scale Modification and other claim terms over Virentem’s explicit narrowing definitions, violate the Federal Circuit’s own law and precedents on claim construction in such circumstances?
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Does the Federal Circuit’s use of Rule 36 to affirm without opinion decisions from the PTAB violate the requirement of 35 U.S.C. § 144 that the Federal Circuit “shall issue to the Director its mandate and opinion”?
Counsel of record
For petitioner
Denise Marie De Mory
Bunsow De Mory LLP
For respondent
Naveen Modi
Paul Hastings LLP
Proceedings
- Mar 27 2023Petition DENIED.
- Mar 08 2023DISTRIBUTED for Conference of 3/24/2023.
- Feb 28 2023Waiver of right of respondent Google LLC to respond filed.
- Feb 21 2023Petition for a writ of certiorari filed. (Response due March 27, 2023)
- Feb 16 2023Application (22A752) denied by The Chief Justice. See Supreme Court Rule 13.5.
- Feb 13 2023Application (22A752) to extend the time to file a petition for a writ of certiorari from February 19, 2023 to April 20, 2023, submitted to The Chief Justice.