Supreme Court of the United States · Official docket →
Lynk Labs, Inc. v. Samsung Electronics Co., Ltd., et al.
Paid petition · United States Court of Appeals for the Federal Circuit, No. 2023-2346 · judgment January 14, 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.
Question presented
In the Leahy-Smith America Invents Act, Congress created an administrative procedure for challenging patents. Through that new procedure—called “inter partes review”—the U.S. Patent and Trademark Office may review and possibly cancel patent claims, but “only on the basis of prior art consisting of patents or printed publications.” 35 U.S.C. § 311(b) (emphasis added). Elsewhere, the Patent Act identifies “application[s] for patent” as a distinct category of prior art, but omits that category as a permissible ground for inter partes review under § 311(b). This case concerns the meaning of “printed publications.” For more than a century, “[t]he statutory phrase ‘printed publication’ ” was given consistent meaning throughout the Patent Act: It referred to documents that were published or publicly accessible “before the critical date” as of which a patent’s validity is measured. Constant v. Advanced Micro-Devices, Inc., 848 F.2d 1560, 1568 (Fed. Cir. 1988) (emphasis added); 1 William C. Robinson, The Law of Patents for Useful Inventions, § 325 at 447 (1890). The question presented is: Whether patent applications that became publicly accessible only after the challenged patent’s critical date are “prior art * * * printed publications” within the meaning of 35 U.S.C. § 311(b). (i)
Counsel of record
For petitioner
Jeffrey Alan Lamken
MoloLamken LLP
For respondent
Naveen Modi
Paul Hastings LLP
Proceedings
- Mar 09 2026Petition DENIED.
- Feb 18 2026DISTRIBUTED for Conference of 3/6/2026.
- Feb 17 2026Reply of petitioner Lynk Labs, Inc. filed. (Distributed)
- Feb 02 2026Brief of Federal Respondent in opposition filed.
- Feb 02 2026Brief of respondent Samsung Electronics Co., Ltd. in opposition filed.
- Dec 18 2025Motion to extend the time to file a response is granted and the time is further extended to and including February 2, 2026, for all respondents.
- Dec 17 2025Motion to extend the time to file a response is granted and the time is extended to and including February 2, 2026, for all respondents.
- Dec 17 2025Motion of the Solicitor General to extend the time to file a response from January 2, 2026 to February 2, 2026, submitted to The Clerk.
- Dec 16 2025Motion or respondent Samsung Electronics Co., Ltd. to extend the time to file a response from January 2, 2026 to February 2, 2026, submitted to The Clerk.
- Dec 03 2025Brief amicus curiae of Alliance of U.S. Startups & Inventors for Jobs filed.
- Dec 03 2025Brief amici curiae of Congressman Lamar Smith, et al. filed.
- Dec 03 2025Brief amici curiae of Intellectual Property and Innovation Scholars filed.
- Nov 14 2025Motion to extend the time to file a response is granted and the time is extended to and including January 2, 2026, for all respondents.
- Nov 11 2025Motion of Samsung Electronics Co., Ltd. to extend the time to file a response from December 3, 2025 to January 2, 2026, submitted to The Clerk.
- Nov 07 2025Motion to extend the time to file a response is granted and the time is extended to and including January 2, 2026.
- Nov 05 2025Motion of the Solicitor General to extend the time to file a response from December 3, 2025 to January 2, 2026, submitted to The Clerk.
- Nov 03 2025Response Requested. (Due December 3, 2025)
- Oct 22 2025DISTRIBUTED for Conference of 11/7/2025.
- Oct 20 2025Waiver of right of respondent Samsung Electronics Co., Ltd. to respond filed.
- Oct 16 2025Waiver of right of respondent Federal party to respond filed.
- Oct 16 2025Brief amicus curiae of Professor Timothy T. Hsieh filed.
- Oct 16 2025Brief amici curiae of VLSI Technology LLC, et al. filed.
- Oct 08 2025Motion to extend the time to file a response is granted and the time is extended to and including November 17, 2025.
- Oct 06 2025Motion to extend the time to file a response from October 16, 2025 to November 17, 2025, submitted to The Clerk.
- Sep 12 2025Petition for a writ of certiorari filed. (Response due October 16, 2025)
- Jul 07 2025Application (25A14) granted by The Chief Justice extending the time to file until September 12, 2025.
- Jul 01 2025Application (25A14) to extend the time to file a petition for a writ of certiorari from July 14, 2025 to September 12, 2025, submitted to The Chief Justice.