Briefly Mentioned :

Briefly Noted :

On Tuesday, the justices released orders from their May 21 conference, adding no new cases to their merits docket for next term.

Thryv, Inc. v. Click-To-Call Technologies, LP

Docket No. Op. Below Argument Opinion Vote Author Term
18-916 Fed. Cir. Dec 9, 2019
Tr.Aud.
Apr 20, 2020 7-2 Ginsburg OT 2019

Holding: Federal patent law does not allow an appeal of the Patent Trial and Appeal Board's decision to institute a procedure for challenging the validity of a patent after finding that a one-year time bar does not apply.

Judgment: Vacated and remanded, 7-2, in an opinion by Justice Ginsburg on April 20, 2020. Justices Thomas and Alito joined the majority opinion except as to Part III–C. Justice Gorsuch filed a dissenting opinion, in which Justice Sotomayor joined as to Parts I, II, III and IV.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Oct 30 2018Application (18A485) to extend the time to file a petition for a writ of certiorari from November 14, 2018 to December 14, 2018, submitted to The Chief Justice.
Nov 07 2018Application (18A485) granted by The Chief Justice extending the time to file until December 14, 2018.
Nov 19 2018Application (18A485) to extend further the time from December 14, 2018 to January 11, 2019, submitted to The Chief Justice.
Nov 20 2018Application (18A485) granted by The Chief Justice extending the time to file until January 11, 2019.
Jan 11 2019Petition for a writ of certiorari filed. (Response due February 14, 2019)
Feb 06 2019Motion to extend the time to file a response from February 14, 2019 to March 18, 2019, submitted to The Clerk.
Feb 06 2019Motion to extend the time to file a response from February 14, 2019 to April 1, 2019, submitted to The Clerk.
Feb 07 2019Motion to extend the time to file a response is granted and the time is extended to and including March 18, 2019, for all respondents.
Feb 12 2019Motion to extend the time to file a response is granted and the time is extended to and including April 1, 2019, for all respondents.
Feb 13 2019Brief amicus curiae of Frontier Communications Corporation filed.
Feb 13 2019Brief amicus curiae of The Association for Accessible Medicines filed.
Feb 14 2019Brief amicus curiae of Superior Communications, Inc. filed.
Mar 18 2019Motion to extend the time to file a response from April 1, 2019 to May 1, 2019, submitted to The Clerk.
Mar 19 2019Motion to extend the time to file a response is granted and the time is further extended to and including May 1, 2019, for all respondents.
Mar 26 2019Motion of Click-to-Call Technologies, LP, to extend the time to file a response from May 1, 2019 to May 8, 2019, submitted to The Clerk.
Mar 29 2019Motion to extend the time to file a response is granted and the time is further extended to and including May 8, 2019.
May 01 2019Brief of Federal Respondent in opposition filed.
May 08 2019Brief of respondent Click-To-Call Technologies, LP in opposition filed.
May 17 2019Reply of petitioner Dex Media, Inc., filed.
May 21 2019DISTRIBUTED for Conference of 6/6/2019.
May 28 2019Rescheduled.
May 28 2019DISTRIBUTED for Conference of 6/13/2019.
Jun 17 2019DISTRIBUTED for Conference of 6/20/2019.
Jun 24 2019Petition GRANTED limited to Question 1 presented by the petition.
Jul 09 2019Joint motion for an extension of time to file the briefs on the merits filed.
Jul 09 2019Motion to dispense with printing the joint appendix filed by petitioner Dex Media, Inc.
Jul 09 2019Joint motion to extend the time to file the briefs on the merits granted. The time to file petitioner's brief on the merits is extended to and including August 22, 2019. The time to file respondents' briefs on the merits is extended to and including October 7, 2019.
Jul 29 2019Blanket Consent filed by Petitioner, Dex Media, Inc.
Jul 29 2019Notice of change of entity name of Dex Media, Inc. filed.
Aug 13 2019Blanket Consent filed by Respondent, Click-To-Call Technologies, LP,, et al.
Aug 16 2019Joint motion for a further extension of time to file the briefs on the merits filed.
Aug 20 2019Joint motion to further extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is further extended to and including September 3, 2019. The time to file respondents' briefs on the merits is further extended to and including October 28, 2019.
Aug 23 2019Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
Sep 03 2019Brief of Federal Respondent supporting reversal filed.
Sep 03 2019Brief of petitioner Thryv, Inc., fka Dex Media, Inc. filed.
Sep 09 2019Brief amicus curiae of Federal Circuit Bar Association in support of neither party filed.
Sep 10 2019Brief amicus curiae of PTAB Bar Association in support of neither party filed.
Sep 10 2019Brief amicus curiae of Atlanta Gas Light Company filed.
Sep 10 2019Brief amicus curiae of Intel Corporation filed.
Sep 10 2019Brief amici curiae of ON Semiconductor Corporation, et al. filed.
Sep 10 2019Brief amicus curiae of Superior Communications, Inc. filed.
Sep 10 2019Brief amicus curiae of American Intellectual Property Law Association in support of neither party filed.
Sep 10 2019Brief amici curiae of AARP and AARP Foundation filed.
Sep 13 2019SET FOR ARGUMENT on Monday, December 9, 2019. VIDED.
Sep 13 2019Motion for divided argument filed by the Solicitor General.
Oct 18 2019Brief amicus curiae of New York Intellectual Property Law Association filed.
Oct 23 2019Record requested from the U.S.C.A. Federal Circuit.
Oct 25 2019CIRCULATED
Oct 28 2019Brief of respondent Click-To-Call Technologies, LP filed. (Distributed)
Nov 01 2019Record from the U.S.C.A. Federal Circuit is electronic and located on Pacer, with the exception of 1 enevelope of confidential documents.
Nov 04 2019Amicus brief of Pharmaceutical Research and Manufacturers of America not accepted for filing. (November 04, 2019 - Corrected version submitted).
Nov 04 2019Brief amicus curiae of Pharmaceutical Research and Manufacturers of America filed. (November 4, 2019) (Distributed)
Nov 04 2019Brief amicus curiae of Biotechnology Innovation Organization filed. (Distributed)
Nov 04 2019Brief amicus curiae of Professor Stephen I. Vladeck filed. (Distributed)
Nov 04 2019Brief amici curiae of Professors of Patent and Administrative Law filed. (Distributed)
Nov 04 2019Brief amicus curiae of Power Integrations, Inc. filed. (Distributed)
Nov 12 2019Motion for divided argument filed by respondent GRANTED.
Nov 15 2019Letter from counsel for amici Professors of Patent and Administrative Law notifying Clerk of receipt of consent from all parties to the filing of an amicus brief filed.
Nov 26 2019Reply of petitioner Thryv, Inc., fka Dex Media, Inc. filed. (Distributed)
Nov 27 2019Reply of respondent Federal Respondent filed. (Distributed)
Dec 09 2019Argued. For petitioner: Adam H. Charnes, Dallas, Tex. For federal respondent supporting reversal: Jonathan Y. Ellis, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For private respondent: Daniel L. Geyser, Dallas, Tex.
Apr 20 2020Judgment VACATED and case REMANDED. Ginsburg, J., delivered the opinion of the Court, in which Roberts, C. J., and Breyer, Kagan, and Kavanaugh, JJ., joined, and in which Thomas and Alito, JJ., joined except as to Part III–C. Gorsuch, J., filed a dissenting opinion, in which Sotomayor, J., joined as to Parts I, II, III, and IV.
May 22 2020JUDGMENT ISSUED
 
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