Supreme Court of the United States · Official docket →
Dolby Laboratories Licensing Corporation v. Unified Patents, LLC
Paid petition · United States Court of Appeals for the Federal Circuit, No. 2023-2110 · judgment June 5, 2025
Before the decision, roughly the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a Federal Circuit decision below, and a business petitioner, and down for a business respondent.
Questions presented
To discourage unnecessary litigation and protect patent owners’ rights, the America Invents Act requires a petition for inter partes review to identify “all real parties in interest” both “to the patent owner” and “to the public.” 35 U.S.C. § 312(a)-(b). When a real party in interest is named to a petition, estoppel attaches to that entity, precluding it from bringing certain further challenges to the patent. § 315(e). Notwithstanding the statutory text, the Federal Circuit concluded that patent owners have no right to know all real parties in interest to petitions brought against them and suffer no injury from deprivation of that information. It also held that § 314(d), which renders the Director’s determination whether to institute an inter partes review “final and nonappealable,” bars review of final written decisions concerning real parties in interest. In so doing, the Federal Circuit failed to cite or discuss this Court’s contrary decision in SAS Inst., Inc. v. Iancu, which held that “nothing in § 314(d)” withdraws judicial authority “to ensure that an inter partes review proceeds in accordance with the law’s demands.” 584 U.S. 357, 371 (2018). The questions presented are:
-
Whether a patent owner is injured by the Patent Trial and Appeal Board’s refusal to require a petition to identify all real parties in interest.
-
Whether § 314(d) bars judicial review of a final decision regarding real parties in interest.
Counsel of record
For petitioner
Patrick Strawbridge
Consovoy McCarthy PLLC
For respondent
Debra J. McComas
Haynes & Boone, LLP
Proceedings
- Jun 22 2026Petition DENIED.
- Jun 05 2026Reply of petitioner Dolby Laboratories Licensing Corporation filed. (Distributed)
- Jun 02 2026DISTRIBUTED for Conference of 6/18/2026.
- May 27 2026Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioner.
- May 26 2026Brief of respondent Unified Patents, LLC in opposition filed.
- May 21 2026Brief of respondents John A. Squires, et al. in opposition filed.
- Apr 27 2026Motion to extend the time to file a response is granted and the time is further extended to and including May 26, 2026, for all respondents.
- Apr 24 2026Motion to extend the time to file a response from April 27, 2026 to May 26, 2026, submitted to The Clerk.
- Mar 26 2026Brief amicus curiae of Alliance of U.S. Startups & Inventors for Jobs filed.
- Mar 23 2026Motion to extend the time to file a response is granted and the time is extended to and including April 27, 2026, for all respondents.
- Mar 20 2026Motion to extend the time to file a response from March 26, 2026 to April 27, 2026, submitted to The Clerk.
- Feb 20 2026Petition for a writ of certiorari filed. (Response due March 26, 2026)
- Dec 19 2025Application (25A713) granted by The Chief Justice extending the time to file until February 20, 2026.
- Dec 11 2025Application (25A713) to extend the time to file a petition for a writ of certiorari from December 22, 2025 to February 20, 2026, submitted to The Chief Justice.