No. 20-271

Vilox Technologies, LLC v. Andre Iancu, Director, United States Patent and Trademark Office

Lower Court: Federal Circuit
Docketed: 2020-09-02
Status: Denied
Type: Paid
Relisted (2) Experienced Counsel
Tags: administrative-judges administrative-patent-judges appointments-clause congressional-intent executive-review patent-trial-and-appeal-board severance-remedy tenure-protections
Key Terms:
DueProcess Securities Patent Copyright Privacy JusticiabilityDoctri Jurisdiction
Latest Conference: 2021-06-24 (distributed 2 times)
Related Cases: 20-273 (Vide) 20-414 (Vide) 20-679 (Vide) 20-74 (Vide) 20-92 (Vide)
Question Presented (from Petition)

1. Whether the court of appeals' severance remedy of the Appointments Clause violation of Administrative Patent Judges (APJs) is consistent with congressional intent, where Congress has long considered tenure protections essential to secure the independence and impartiality of administrative judges.

2. Whether the court of appeals correctly held that the elimination of APJ tenure protections was sufficient to render APJs inferior officers, even though their decisions still are not reviewable by any principal executive officer.

Question Presented (AI Summary)

Whether the court of appeals' severance remedy of the Appointments Clause violation of Administrative Patent Judges (APJs) is consistent with congressional intent

Docket Entries

2021-06-28
Petition DENIED.
2021-06-21
DISTRIBUTED for Conference of 6/24/2021.
2020-11-17
DISTRIBUTED for Conference of 12/4/2020.
2020-08-26
Petition for a writ of certiorari filed. (Response due October 2, 2020)

Attorneys

Andrei Iancu, Under Secretary of Commerce for Intellectual Property and Director, U.S. Patent and Trademark Office
Elizabeth B. PrelogarActing Solicitor General, Respondent
Vilox Technologies, LLC, et al.
Robert P. GreenspoonFlachsbart & Greenspoon, LLC, Petitioner