Supreme Court of the United States · Official docket →
Tesla, Inc. v. Granite Vehicle Ventures LLC, et al.
Paid petition · United States Court of Appeals for the Federal Circuit, No. 2026-116 · judgment February 27, 2026
(petition-stage, structural)
Well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
Congress created inter partes review (“IPR”) to give the public an efficient way to challenge patents that should never have issued. Congress specified the criteria governing whether the U.S. Patent and Trademark Office (“PTO”) institutes review. Here, the PTO refused to institute review for a reason found nowhere in any statute: the expected time to trial in separate district court litigation. The Federal Circuit held that judicial review is unavailable to decide whether the agency exceeded its authority by devising extra-statutory limits on IPR. The question presented is: Whether courts have power to review a PTO decision denying inter partes review on grounds that are contrary to statute, like an extra-statutory restriction based on time to trial in separate litigation.
Counsel of record
For petitioner
Michael Frank Qian
Haynes and Boone, LLP
For respondent
D. John Sauer
Solicitor General
Proceedings
- Aug 28 2026Brief amicus curiae of Askeladden L.L.C. filed.
- Aug 28 2026Brief amici curiae of US*MADE, et al. filed.
- Aug 28 2026Amicus brief of Unified Patents LLC submitted.
- Aug 24 2026Motion to extend the time to file a response is granted and the time is extended to and including September 28, 2026, for all respondents.
- Aug 20 2026Motion of the Solicitor General to extend the time to file a response from August 28, 2026 to September 28, 2026, submitted to The Clerk.
- Jul 27 2026Petition for a writ of certiorari filed. (Response due August 28, 2026)
- May 26 2026Application (25A1289) granted by The Chief Justice extending the time to file until July 27, 2026.
- May 18 2026Application (25A1289) to extend the time to file a petition for a writ of certiorari from May 28, 2026 to July 27, 2026, submitted to The Chief Justice.