Supreme Court Report

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CPC Patent Technologies Pty Ltd. v. Apple Inc.

Paid petition · United States Court of Appeals for the Federal Circuit, No. 2024-1278, 2024-1354 · judgment August 7, 2025


Certiorari denied · November 10, 2025
Pre-decision estimate: 3% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

Whether Federal Circuit Rule 36, which allows the United States Court of Appeals for the Federal Circuit to issue an affirmance without opinion when reviewing a decision of the Patent Trial and Appeal Board of the United States Patent and Trademark Office (“PTO”) violates the requirements of 35 U.S.C. § 144, which requires that the Federal Circuit issue an “opinion” when reviewing a PTO decision.

Counsel of record

For petitioner
George Clark Summerfield Jr.
K&L Gates LLP

For respondent
Brian Robert Matsui
Morrison & Foerster LLP

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Nov 10 2025
    Petition DENIED.
  2. Oct 08 2025
    DISTRIBUTED for Conference of 11/7/2025.
  3. Sep 30 2025
    Waiver of right of respondent Apple Inc. to respond filed.
  4. Sep 26 2025
    Petition for a writ of certiorari filed. (Response due October 30, 2025)