No. 18-190

Queen's University at Kingston v. Samsung Electronics Co., Ltd., et al.

Lower Court: Federal Circuit
Docketed: 2018-08-13
Status: Denied
Type: Paid
Response Waived
Tags: administrative-procedure-act burden-of-proof due-process enablement inter-partes-review patent-invalidity prior-art
Latest Conference: 2018-09-24
Question Presented (from Petition)

Does the Federal Circuit's requirement that patent owners negate enablement of prior art in the first instance invert the statutory burden of proving invalidity and deprive patent owners of due process by foreclosing the right to submit rebuttal evidence guaranteed by the Administrative Procedure Act?

Question Presented (AI Summary)

Does the Federal Circuit's requirement that patent owners negate enablement of prior art in the first instance invert the statutory burden of proving invalidity and deprive patent owners of due process by foreclosing the right to submit rebuttal evidence guaranteed by the Administrative Procedure Act?

Docket Entries

2018-10-01
Petition DENIED.
2018-08-22
DISTRIBUTED for Conference of 9/24/2018.
2018-08-13
Waiver of right of respondents Samsung Electronics Co. Ltd., et al. to respond filed.
2018-08-09
Petition for a writ of certiorari filed. (Response due September 12, 2018)
2018-06-19
Application (17A1373) granted by The Chief Justice extending the time to file until August 9, 2018.
2018-06-12
Application (17A1373) to extend the time to file a petition for a writ of certiorari from June 25, 2018 to August 9, 2018, submitted to The Chief Justice.

Attorneys

Queen's University at Kingston
Ian Bradford CrosbySusman Godfrey L.L.P., Petitioner
Samsung Electronics Co. Ltd., et al.
Craig Earl CountrymanFish & Richardson, PC, Respondent