Editor's Note :

close editor's note Editor's Note :

The Supreme Court will release orders from the February 15 conference on Tuesday, February 19, at 9:30 a.m. There is a possibility of opinions on Wednesday, February 20, at 10:00 a.m.
On Tuesday the Supreme Court hears oral argument in Return Mail Inc. v. United States Postal Service; Ronald Mann has our preview.

RPX Corp. v. ChanBond LLC

Pending petition
Docket No. Op. Below Argument Opinion Vote Author Term
17-1686 Fed. Cir. TBD TBD TBD TBD TBD

Issue: Whether the U.S. Court of Appeals for the Federal Circuit can refuse to hear an appeal by a petitioner from an adverse final decision in a Patent Office inter partes review on the basis of lack of a patent-inflicted injury-in-fact when Congress has (i) statutorily created the right to have the Director of the Patent Office cancel patent claims when the petitioner has met its burden to show unpatentability of those claims, (ii) statutorily created the right for parties dissatisfied with a final decision of the Patent Office to appeal to the U.S. Court of Appeals for the Federal Circuit, and (iii) statutorily created an estoppel prohibiting the petitioner from again challenging the patent claims.

DateProceedings and Orders (key to color coding)
Mar 27 2018Application (17A1057) to extend the time to file a petition for a writ of certiorari from April 17, 2018 to June 16, 2018, submitted to The Chief Justice.
Apr 02 2018Application (17A1057) granted by The Chief Justice extending the time to file until June 16, 2018.
Jun 18 2018Petition for a writ of certiorari filed. (Response due July 20, 2018)
Jul 02 2018Letter of June 28, 2018, received from counsel for the petitioner.
Jul 09 2018Waiver of right of respondent Chanbond LLC to respond filed.
Jul 11 2018DISTRIBUTED for Conference of 9/24/2018.
Jul 19 2018Brief amicus curiae of Askeladden LLC filed. (Distributed)
Jul 20 2018Brief amicus curiae of New York Intellectual Property Law Association in support of neither party filed. (Distributed)
Jul 20 2018Brief amicus curiae of The Initiative for Medicines Access & Knowledge (I-Mak) and Patients for Affordable Drugs, Inc. (P4AD) filed. (Distributed)
Jul 25 2018Response Requested. (Due August 24, 2018)
Aug 22 2018Brief of respondent Chanbond LLC in opposition filed.
Sep 05 2018DISTRIBUTED for Conference of 9/24/2018.
Sep 05 2018Reply of petitioner RPX Corporation filed. (Distributed)
Oct 01 2018The Solicitor General is invited to file a brief in this case expressing the views of the United States.
Term Snapshot