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Provisur Technologies, Inc. v. Weber, Inc.

Paid petition · United States Court of Appeals for the Federal Circuit, No. 2023-1438 · judgment October 2, 2024


Certiorari denied · February 24, 2025
Pre-decision estimate: 5% cert probability

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, and down for a business respondent.

Question presented

The questions presented by the decision below are: I. Whether the Federal Circuit applied an incorrect standard of review for appeals of a Judgment as a Matter of Law (JMOL) and, as a result, improperly assumed the role of factfinder in overturning a jury verdict of willful patent infringement? II. Whether the Seventh Amendment permits the Federal Circuit to reexamine a jury’s factual findings and credibility determinations in reaching a verdict of willful patent infringement?

Counsel of record

For petitioner
Craig C. Martin
Willkie Farr & Gallagher LLP

For respondent
William Hugh Milliken
Sterne, Kessler, Goldstein & Fox, P.L.L.C.

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Feb 24 2025
    Petition DENIED.
  2. Jan 22 2025
    DISTRIBUTED for Conference of 2/21/2025.
  3. Jan 15 2025
    Waiver of right of respondent Weber, Inc. to respond filed.
  4. Dec 31 2024
    Petition for a writ of certiorari filed. (Response due February 10, 2025)