No. 20-675

Lone Star Silicon Innovations LLC v. Andrei Iancu, Under Secretary of Commerce for Intellectual Property and Director, United States Patent and Trademark Office

Lower Court: Federal Circuit
Docketed: 2020-11-17
Status: Denied
Type: Paid
Response Waived
Tags: 35-usc-311-312 35-usc-314 35-usc-318 administrative-law inter-partes-review judicial-review patent-invalidation patent-procedure patent-review patent-trial-and-appeal-board
Key Terms:
AdministrativeLaw Patent Trademark JusticiabilityDoctri
Latest Conference: 2021-01-08
Question Presented (from Petition)

(1) whether, in inter partes review proceedings, the Board may issue a final written decision that invalidates duly issued patent claims based on a ground not asserted by the petitioner in the corresponding petition; and

(2) whether judicial review is available to remedy the Board's unauthorized final decision invalidating those claims based on a ground not asserted in the petition.

Question Presented (AI Summary)

Whether the Patent Trial and Appeal Board may invalidate patent claims based on a ground not asserted by the petitioner

Docket Entries

2021-01-11
Petition DENIED.
2020-12-09
DISTRIBUTED for Conference of 1/8/2021.
2020-12-07
Waiver of right of respondent Iancu, Andrei to respond filed.
2020-11-09
Petition for a writ of certiorari filed. (Response due December 17, 2020)

Attorneys

Iancu, Andrei
Jeffrey B. WallActing Solicitor General, Respondent
Lone Star Silicon Innovations LLC
Timothy P. MaloneyFitch, Even, Tabin & Flannery, Petitioner