Supreme Court of the United States · Official docket →
CAO Lighting, Inc. v. Wolfspeed, Inc., et al.
Paid petition · United States Court of Appeals for the Federal Circuit, No. 2024-1194, 2024-1221, 2024-1222, 2024-1223 · judgment September 5, 2025
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
Whether the Federal Circuit’s use of its Local Rule 36, which allows summary affirmance without opinion, (a) improperly defers to the Patent Trial and Appeal Board’s interpretations of law in inter partes review proceedings and so denies judicial review of agency decisions on questions of law as required by Loper Bright Enterprises v. Raimondo, (b) improperly insulates the PTAB from the de novo review required by the Administrative Procedure Act, and (c) violates Congress’s explicit direction in 35 U.S.C. § 144 requiring an “opinion” of all appeals from the Patent Office.
Counsel of record
For petitioner
Todd Gerald Vare
Barnes & Thornburgh LLP
For respondent
Matias Ferrario
Kilpatrick Townsend & Stockton LLP
Proceedings
- May 18 2026Petition DENIED.
- Apr 22 2026DISTRIBUTED for Conference of 5/14/2026.
- Apr 10 2026Waiver of right of respondent Wolfspeed, Inc., et al. to respond filed.
- Apr 09 2026Brief amici curiae of The Association for American Innovation, et al. filed.
- Mar 06 2026Petition for a writ of certiorari filed. (Response due April 9, 2026)
- Jan 28 2026Application (25A845) granted by The Chief Justice extending the time to file until March 6, 2026.
- Jan 21 2026Application (25A845) to extend the time to file a petition for a writ of certiorari from February 4, 2026 to March 6, 2026, submitted to The Chief Justice.