Editor's Note :

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This week, we are hosting a symposium before oral argument on December 2 in New York State Rifle & Pistol Association v. City of New York. Click here to read the contributions.

Superior Communications Inc. v. Voltstar Technologies Inc.

Pending petition
Docket No. Op. Below Argument Opinion Vote Author Term
18-1027 Fed. Cir. TBD TBD TBD TBD TBD

Issues: (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.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Feb 04 2019Petition for a writ of certiorari filed. (Response due March 8, 2019)
Mar 20 2019DISTRIBUTED for Conference of 4/12/2019.
Mar 21 2019Response Requested. (Due April 22, 2019)
Apr 16 2019Motion of Voltstar Technologies, Inc. for an extension of time not accepted for filing. (April 18, 2019 -- Corrected version to be submitted)
Apr 18 2019Motion to extend the time to file a response from April 22, 2019 to May 14, 2019, submitted to The Clerk.
Apr 19 2019Motion to extend the time to file a response is granted and the time is extended to and including May 14, 2019.
May 14 2019Brief of respondent Voltstar Technologies, Inc. in opposition filed.
May 23 2019Reply of petitioner Superior Communications, Inc. filed.
May 28 2019DISTRIBUTED for Conference of 6/13/2019.
Jun 17 2019DISTRIBUTED for Conference of 6/20/2019.
Term Snapshot
At a Glance