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Avery Dennison Corporation v. ADASA Inc.

Paid petition · United States Court of Appeals for the Federal Circuit, No. 2022-1092 · judgment December 16, 2022

Certiorari denied · May 30, 2023
Pre-decision estimate: 16% cert probability (95% interval 10%–23%)

Before the decision, about 3.8× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a petition filed soon after the judgment below, and a dissent in the court below (flagged in the petition), and down for a business respondent.

Question presented

Radio Frequency Identification Device (RFID) tags are encoded with lengthy serial numbers that uniquely identify particular items. The patent at issue in this case designates the leading bits in a binary serial number as “the most significant bits,” and directs that all serial numbers in an allocated block begin with the same “most significant bits.” The question presented is whether that claim, by subdividing a serial number into “most significant bits” that are assigned such that they remain identical across RFID tags, constitutes patent-eligible subject matter under 35 U.S.C. § 101.

Counsel of record

For petitioner
Derek L. Shaffer
Quinn Emanuel Urquhart & Sullivan, LLP

For respondent
Robert P. Greenspoon
Dunlap Bennett & Ludwig, PLLC

Case

Conference history
Distributed for 2 conferences

Amicus briefs
2 cert-stage

Proceedings

  1. May 30 2023
    Petition DENIED.
  2. May 09 2023
    DISTRIBUTED for Conference of 5/25/2023.
  3. May 08 2023
    Reply of petitioner Avery Dennison Corporation filed. (Distributed)
    Main DocumentProof of ServiceCertificate of Word Count
  4. May 02 2023
    Brief of respondent ADASA, Inc. in opposition filed.
    Main DocumentProof of ServiceCertificate of Word Count
  5. Apr 28 2023
    Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioner.
    Main DocumentProof of Service
  6. Apr 13 2023
    Motion to extend the time to file a response is denied.
  7. Apr 13 2023
    Brief amicus curiae of Impinj, Inc. filed.
    Main DocumentProof of ServiceCertificate of Word Count
  8. Apr 12 2023
    Brief amici curiae of National Retail Federation, et al. filed.
    Main DocumentProof of ServiceCertificate of Word Count
  9. Apr 07 2023
    Motion to extend the time to file a response from May 2, 2023 to May 26, 2023, submitted to The Clerk.
    Main DocumentProof of Service
  10. Apr 07 2023
    Response to motion extend the time to file a response filed.
    Main DocumentProof of Service
  11. Mar 21 2023
    Motion to extend the time to file a response is granted and the time is extended to and including May 2, 2023.
  12. Mar 20 2023
    Motion to extend the time to file a response from April 13, 2023 to May 2, 2023, submitted to The Clerk.
    Main DocumentProof of Service
  13. Mar 14 2023
    Response Requested. (Due April 13, 2023)
  14. Mar 08 2023
    DISTRIBUTED for Conference of 3/24/2023.
  15. Mar 03 2023
    Waiver of right of respondent ADASA, Inc. to respond filed.
    Main Document
  16. Feb 27 2023
    Petition for a writ of certiorari filed. (Response due March 31, 2023)
    PetitionProof of ServiceCertificate of Word Count