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Superior Communications Inc. v. Voltstar Technologies Inc.

Petition for certiorari are granted, judgment vacated and case remanded to the U.S. Court of Appeals for the Federal Circuit for further consideration in light of Thryv Inc. v. Click-to-Call Technologies, LP, on April 27, 2020

Docket No.18-1027
Op. BelowFed. Cir.
SCOTUS Page

Issue

(1) Whether, under 35 U.S.C. § 314(d), a party may appeal the Patent Trial and Appeal Board"s application of 35 U.S.C. § 315(b)"s time-bar provision made during its decision to institute inter partes review; and (2) whether 35 U.S.C. § 315(b) precludes the Patent Trial and Appeal Board from instituting inter partes review when the petitioner sought inter partes review more than a year after it was served with a patent infringement complaint that was voluntarily dismissed without prejudice.

Proceedings & orders timeline

Feb 4, 2019
Petition for a writ of certiorari filed. (Response due March 8, 2019)
Mar 20, 2019
DISTRIBUTED for Conference of 4/12/2019.
Mar 21, 2019
Response Requested. (Due April 22, 2019)
Apr 16, 2019
Motion of Voltstar Technologies, Inc. for an extension of time not accepted for filing. (April 18, 2019 -- Corrected version to be submitted)
Apr 18, 2019
Motion to extend the time to file a response from April 22, 2019 to May 14, 2019, submitted to The Clerk.
Apr 19, 2019
Motion to extend the time to file a response is granted and the time is extended to and including May 14, 2019.
May 14, 2019
Brief of respondent Voltstar Technologies, Inc. in opposition filed.May 23, 2019
Reply of petitioner Superior Communications, Inc. filed.
May 28, 2019
DISTRIBUTED for Conference of 6/13/2019.
Jun 17, 2019
DISTRIBUTED for Conference of 6/20/2019.
Apr 20, 2020
DISTRIBUTED for Conference of 4/24/2020.
Apr 27, 2020
Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Thryv, Inc. v. Click-to-Call Technologies, LP, 590 U. S. ___ (2020).
May 29, 2020
JUDGMENT ISSUED.

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