No. 19-1074

Celgene Corporation v. Laura A. Peter, Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director, Patent and Trademark Office

Lower Court: Federal Circuit
Docketed: 2020-03-02
Status: Denied
Type: Paid
Amici (1)Relisted (3)
Tags: administrative-review america-invents-act fifth-amendment inter-partes-review lucas-test patent-rights patent-rights-takings patent-trial-and-appeal-board patents penn-central-test property-rights takings takings-clause
Latest Conference: 2020-06-18 (distributed 3 times)
Question Presented (from Petition)

Whether retroactive application of inter partes review to patents issued before passage of the America Invents Act violates the Takings Clause of the Fifth Amendment.

Question Presented (AI Summary)

Whether retroactive application of inter partes review to patents issued before passage of the America Invents Act violates the Takings Clause of the Fifth Amendment

Docket Entries

2020-06-22
Petition DENIED.
2020-06-15
DISTRIBUTED for Conference of 6/18/2020.
2020-06-09
Rescheduled.
2020-06-08
DISTRIBUTED for Conference of 6/11/2020.
2020-06-02
Rescheduled.
2020-05-19
DISTRIBUTED for Conference of 6/4/2020.
2020-05-15
Reply of petitioner Celgene Corporation filed. (Distributed)
2020-05-01
Brief of respondent Laura A. Peter, Deputy Under secretary of Commerce for Intellectual Property and Deputy Director, Patent and Trademark Office in opposition filed.
2020-03-31
Brief amici curiae of Intellectual Property Law Professors filed.
2020-03-26
Motion to extend the time to file a response from April 1, 2020 to May 1, 2020, submitted to The Clerk.
2020-03-26
Motion to extend the time to file a response is granted and the time is extended to and including May 1, 2020.
2020-02-26
Petition for a writ of certiorari filed. (Response due April 1, 2020)

Attorneys

Celgene Corporation
Gregory Andrew CastaniasJones Day, Petitioner
Intellectual Property Law Professors
Aaron Mark FrankelKramer Levin Naftalis & Frankel LLP, Amicus
Peter, Laura A.
Noel J. FranciscoSolicitor General, Respondent