No. 18-599

Wi-Fi One, LLC v. Broadcom Corporation, et al.

Lower Court: Federal Circuit
Docketed: 2018-11-07
Status: Denied
Type: Paid
Response Waived
Tags: 35-usc-315b administrative-law administrative-procedure-act administrative-procedure-act-apa indemnity-agreements inter-partes-review inter-partes-review-ipr judicial-review patent-law patent-trial-and-appeal-board patent-trial-and-appeal-board-ptab standard-of-review time-bar
Latest Conference: 2019-01-04
Question Presented (from Petition)

1. Did the appellate panel below err by disregarding 5 U.S.C. §706 and instead applying the Federal Circuit's "abuse of discretion" standard of review (which the Federal Circuit borrowed from appeals of district court discretionary orders) when it reviewed whether the PTAB panel below violated procedures required by the APA?

2. Did the PTAB panel below violate procedural requirements of the APA by refusing to admit known indemnity agreements into evidence when deciding whether Broadcom's inter partes review petitions are time-barred under 35 U.S.C. §315(b)?

Question Presented (AI Summary)

Whether the PTAB panel violated the Administrative Procedure Act by refusing to admit known indemnity agreements into evidence when deciding whether the IPR petitions were time-barred under 35 U.S.C. §315(b)

Docket Entries

2019-01-07
Petition DENIED.
2018-12-20
Supplemental brief of petitioner WI-FI ONE, LLC filed. (Distributed)
2018-12-12
DISTRIBUTED for Conference of 1/4/2019.
2018-12-04
Waiver of right of respondent BROADCOM CORPORATION to respond filed.
2018-11-29
Waiver of right of respondent Andrei Iancu to respond filed.
2018-11-05
Petition for a writ of certiorari filed. (Response due December 7, 2018)

Attorneys

Andrei Iancu
Noel J. FranciscoSolicitor General, Respondent
BROADCOM CORPORATION
Dominic Eugene MassaWilmer Cutler Pickering Hale and Dorr LLP, Respondent
WI-FI ONE, LLC
Gordie Donald PuckettJanik Vinnakota LLP, Petitioner