No. 20-1700
Ultratec, Inc. v. CaptionCall, LLC, et al.
Response RequestedResponse WaivedRelisted (2)
Tags: 5th-amendment constitutional-challenge due-process federal-circuit federal-circuit-rule-36 inter-partes-review patent patent-review patent-validity retroactivity
Key Terms:
DueProcess FifthAmendment Securities Patent Trademark Privacy
DueProcess FifthAmendment Securities Patent Trademark Privacy
Latest Conference:
2021-11-05
(distributed 2 times)
Question Presented (from Petition)
1. Does retroactive application of the inter partes review process violate the Due Process Clause of the Fifth Amendment to the United States Constitution?
2. Does the use of Federal Circuit Rule 36 to summarily affirm decisions from the Patent Trial and Appeal Board "without opinion" violate 35 U.S.C. § 144, which provides that the Federal Circuit "shall issue . . . its mandate and opinion" upon its determination of appeals arising from the Patent and Trademark Office?
Question Presented (AI Summary)
Does retroactive application of the inter partes review process violate the Due Process Clause of the Fifth Amendment to the United States Constitution?
Docket Entries
2021-11-08
Petition DENIED.
2021-10-20
DISTRIBUTED for Conference of 11/5/2021.
2021-10-15
Reply of petitioner Ultratec, Inc. filed.
2021-10-01
Brief of Federal Respondent in opposition filed.
2021-10-01
Brief of respondents CaptionCall, LLC et al. in opposition filed.
2021-08-05
Motion to extend the time to file a response is granted and the time is extended to and including October 1, 2021, for all respondents.
2021-08-04
Motion to extend the time to file a response from September 1, 2021 to October 1, 2021, submitted to The Clerk.
2021-08-02
Response Requested. (Due September 1, 2021)
2021-07-14
DISTRIBUTED for Conference of 9/27/2021.
2021-07-01
Waiver of right of respondent CaptionCall, LLC to respond filed.
2021-06-28
Waiver of right of respondent Drew Hirshfeld, Acting Under Secretary of Commerce for Intellectual Property and Director, United States Patent and Trademark Office to respond filed.
2021-06-04
Petition for a writ of certiorari filed. (Response due July 8, 2021)
Attorneys
CaptionCall, LLC
Pratik Arvind Shah — Akin Gump Strauss Hauer & Feld, LLP, Respondent
Drew Hirshfeld, Acting Under Secretary of Commerce for Intellectual Property and Director, United States Patent and Trademark Office
Elizabeth B. Prelogar — Solicitor General, Respondent
Ultratec, Inc.
James Eric Goldschmidt — Quarles & Brady LLP, Petitioner