No. 20-228

ESIP Series 2, LLC v. Puzhen Life USA, LLC

Lower Court: Federal Circuit
Docketed: 2020-08-28
Status: Denied
Type: Paid
Response Waived
Tags: administrative-patent-judges appointments-clause arbitrary-and-capricious art-iii-court due-process inter-partes-review patent statutory-jurisdiction thryv-precedent
Latest Conference: 2020-10-09
Question Presented (from Petition)

1. Whether Board decisions that are arbitrary
and capricious, exceed the Board's statutory
jurisdiction from the start, and are made by
administrative patent judges holding that
position in violation of the Appointments
Clause, which decisions are not reviewed by
any principal officer in the Executive Branch,
are also precluded from review by an Art. III
court.

2. Whether the Federal Circuit's ruling in ESIP
Series 2, LLC v. Puzhen Life USA, LLC, 958
F.3d 1378 (Fed. Cir. 2020) improperly extends
the scope of Thryv, Inc. v. Click-to-Call Techs.,
LP, 140 S.Ct. 1867 (2020).

Question Presented (AI Summary)

Whether Board decisions that are arbitrary and capricious, exceed the Board's statutory jurisdiction from the start, and are made by administrative patent judges holding that position in violation of the Appointments Clause, which decisions are not reviewed by any principal officer in the Executive Branch, are also precluded from review by an Art. III court

Docket Entries

2020-10-13
Petition DENIED.
2020-09-16
DISTRIBUTED for Conference of 10/9/2020.
2020-08-31
Waiver of right of respondent Puzhen Life USA, Inc. to respond filed.
2020-08-14
Petition for a writ of certiorari filed. (Response due September 28, 2020)

Attorneys

ESIP Series 2, LLC
Gordon Keith HillPate Baird, PLLC, Petitioner
Puzhen Life USA, Inc.
Mark A. MillerDorsey & Whitney, LLP, Respondent