Supreme Court of the United States · Official docket →
Cellect, LLC v. Katherine K. Vidal, Under Secretary of Commerce for Intellectual Property and Director, United States Patent and Trademark Office
Paid petition · United States Court of Appeals for the Federal Circuit, No. 2022-1293, 2022-1294, 2022-1295, 2022-1296 · judgment August 28, 2023
Certiorari denied · October 7, 2024
Pre-decision estimate: 3% cert probability
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
Whether a patent procured in good faith can be invalidated on the ground that statutory Patent Term Adjustment, which requires lengthening a patent’s term to account for time lost to Patent and Trademark Office delays, can trigger a judge-made patentinvalidation doctrine. (i)
Counsel of record
For petitioner
Roy T. Englert Jr.
Kramer Levin Naftalis & Frankel LLP
For respondent
Elizabeth B. Prelogar
Solicitor General
Proceedings
- Oct 07 2024Petition DENIED.
- Sep 04 2024DISTRIBUTED for Conference of 9/30/2024.
- Sep 04 2024Reply of petitioner Cellect LLC filed. (Distributed)
- Aug 21 2024Brief of respondent Katherine K. Vidal, Under Secretary of Commerce for Intellectual Property and Director, United States Patent and Trademark Office in opposition filed.
- Aug 21 2024Brief amicus curiae of Inari Agriculture, Inc. filed.
- Jul 01 2024Motion to extend the time to file a response is granted and the time is further extended to and including August 21, 2024.
- Jun 28 2024Motion to extend the time to file a response from July 22, 2024 to August 21, 2024, submitted to The Clerk.
- Jun 21 2024Brief amicus curiae of Teige P. Sheehan filed.
- Jun 21 2024Brief amici curiae of Pharmaceutical Research and Manufacturers of America, et al. filed.
- Jun 21 2024Brief amici curiae of Sonos, Inc., et al. filed.
- Jun 21 2024Brief amicus curiae of American Intellectual Property Law Association filed.
- Jun 21 2024Brief amici curiae of Sanofi, et al. filed.
- Jun 20 2024Brief amicus curiae of Intellectual Property Owners Association filed.
- Jun 03 2024Motion to extend the time to file a response is granted and the time is extended to and including July 22, 2024.
- May 30 2024Motion to extend the time to file a response from June 21, 2024 to July 22, 2024, submitted to The Clerk.
- May 28 2024Brief amicus curiae of The New York Intellectual Property Law Association filed.
- May 20 2024Petition for a writ of certiorari filed. (Response due June 21, 2024)
- Apr 08 2024Application (23A883) granted by The Chief Justice extending the time to file until May 20, 2024.
- Apr 02 2024Application (23A883) to extend the time to file a petition for a writ of certiorari from April 18, 2024 to May 20, 2024, submitted to The Chief Justice.