Supreme Court of the United States · Official docket →
Probir K. Bondyopadhyay v. United States
Paid petition · United States Court of Appeals for the Federal Circuit, No. 2022-2155 · judgment February 22, 2023
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
A serious legal conflict has developed between the USCFC and U.S. District Court involving Title 28 U.S.C. Section 1338(a) and Title 28 U.S.C. Section 1498(a) that the CAFC has not and will not resolve. QUESTION! Can the USCFC, the Federal trial court, dismiss as a Fifth amendment property claim, the claim arising out of admitted unauthorized use of a patented U.S. invention by the Defendant U.S.A. already established by the U.S District Court (SDTX, Houston) under Title 28 USC Section 1338(a)? QUESTION-2 The U. S. Court of Federal Claims (USCFC) is a Federal trial court with nation-wide jurisdiction on patent related claims against the Defendant U.S.A. which has sovereign immunity against U.S. patent
Counsel of record
For petitioner
Probir K. Bondyopadhyay
For respondent
Elizabeth B. Prelogar
Solicitor General
Case
Conference history
Distributed for 3 conferences
Proceedings
- Dec 11 2023Rehearing DENIED.
- Dec 01 2023Rescheduled.
- Dec 01 2023DISTRIBUTED for Conference of 12/8/2023.
- Nov 14 2023DISTRIBUTED for Conference of 12/1/2023.
- Nov 03 2023Petition for Rehearing filed.
- Oct 10 2023Petition DENIED.
- Sep 13 2023DISTRIBUTED for Conference of 10/6/2023.
- Sep 06 2023Waiver of right of respondent United States to respond filed.
- May 22 2023Petition for a writ of certiorari filed. (Response due September 28, 2023)