No. 20-150
ThermoLife International LLC v. Andrei Iancu, Under Secretary of Commerce for Intellectual Property and Director, United States Patent and Trademark Office
Tags: administrative-patent-judges appellate-review appointments-clause chenery-doctrine constitutional-appointment patent-trial-and-appeal-board principal-officers rehearing unconstitutional-appointments
Key Terms:
AdministrativeLaw DueProcess Securities Patent Trademark Privacy
AdministrativeLaw DueProcess Securities Patent Trademark Privacy
Latest Conference:
2021-01-08
Question Presented (from Petition)
1. Whether the Federal Circuit violated the
Chenery doctrine by making new factual findings in
the first instance on appeal to affirm a decision of
the Patent Trial and Appeal Board.
2. Whether the administrative patent judges of
the Patent Trial and Appeal Board are
unconstitutionally appointed "principal" officers
whose decisions should be vacated and reheard by
properly appointed officers regardless of when their
appointments are challenged on appeal.
Question Presented (AI Summary)
Whether the Federal Circuit violated the Chenery doctrine
Docket Entries
2021-01-11
Petition DENIED.
2020-12-02
DISTRIBUTED for Conference of 1/8/2021.
2020-12-01
Reply of petitioner ThermoLife International LLC filed. (Distributed)
2020-11-13
Brief of respondent Iancu, Director, U.S. Patent and Trademark Office, Andrei in opposition filed.
2020-10-09
Motion to extend the time to file a response is granted and the time is further extended to and including November 13, 2020.
2020-10-07
Motion to extend the time to file a response from October 14, 2020 to November 13, 2020, submitted to The Clerk.
2020-08-24
Motion to extend the time to file a response is granted and the time is extended to and including October 14, 2020.
2020-08-21
Motion to extend the time to file a response from September 14, 2020 to October 14, 2020, submitted to The Clerk.
2020-08-10
Petition for a writ of certiorari filed. (Response due September 14, 2020)
Attorneys
Iancu, Director, U.S. Patent and Trademark Office, Andrei
Jeffrey B. Wall — Acting Solicitor General, Respondent
ThermoLife International LLC
Robert Jared Gajarsa — Latham & Watkins LLP, Petitioner