Supreme Court of the United States · Official docket →
Nike, Inc. v. Adidas AG, et al.
Paid petition · United States Court of Appeals for the Federal Circuit, No. 2021-1903 · judgment September 1, 2022
Before the decision, roughly the 4.1% base rate. The model weighted this up for a dissent in the court below (flagged in the petition), a Federal Circuit decision below, and a business petitioner.
Question presented
The America Invents Act created inter partes review, an adversarial proceeding before the Patent Trial and Appeal Board in which third parties may challenge the patentability of an existing patent claim on the basis of prior art. In response to the petitioner’s challenge, the patentholder may amend the patent by offering substitute claims. The Act provides that “[i]n an inter partes review instituted under this chapter, the petitioner [has] the burden of proving a proposition of unpatentability.” 35 U.S.C. § 316(e). The question presented is: Whether, in inter partes review, the Patent Trial and Appeal Board may raise sua sponte a new ground of unpatentability—including prior art that the petitioner neither cited nor relied upon—and whether the Board may rely on that new ground to reject a patent-holder’s substitute claim as unpatentable. (i)
Counsel of record
For petitioner
Allon Kedem
Arnold & Porter Kaye Scholer LLP
For respondent
Elizabeth B. Prelogar
Solicitor General
Proceedings
- Jun 26 2023Petition DENIED.
- Jun 06 2023DISTRIBUTED for Conference of 6/22/2023.
- Jun 06 2023Reply of petitioner Nike, Inc. filed. (Distributed)
- May 23 2023Brief of respondent Federal Respondent in opposition filed.
- May 11 2023Motion to extend the time to file a response is granted and the time is extended to and including May 23, 2023.
- May 09 2023Motion of United States for an extension of time not accepted for filing. (May 10, 2023 - corrected letter submitted)
- May 09 2023Motion to extend the time to file a response from May 18, 2023 to May 23, 2023, submitted to The Clerk.
- May 09 2023Letter dated May 2, 2023 from counsel for respondent adidas AG received.
- Apr 18 2023Response Requested. (Due May 18, 2023)
- Apr 12 2023DISTRIBUTED for Conference of 4/28/2023.
- Apr 06 2023Waiver of right of respondent United States to respond filed.
- Mar 24 2023Waiver of right of respondent Adidas AG to respond filed.
- Mar 21 2023Petition for a writ of certiorari filed. (Response due April 24, 2023)
- Jan 25 2023Application (22A668) granted by The Chief Justice extending the time to file until March 21, 2023.
- Jan 23 2023Application (22A668) to extend the time to file a petition for a writ of certiorari from February 19, 2023 to March 21, 2023, submitted to The Chief Justice.