No. 21-1527

CustomPlay, LLC v. Amazon.com, Inc., et al.

Lower Court: Federal Circuit
Docketed: 2022-06-06
Status: Denied
Type: Paid
Response Waived
Tags: administrative-procedure america-invents-act due-process inter-partes-review patent patent-law patent-rights patent-trial-and-appeal-board statutory-interpretation trademark
Latest Conference: 2022-09-28
Question Presented (from Petition)

1. Whether the Patent and Trademark Office (PTO) violated the statutory text and legislative intent of the America Invents Act (AIA) by delegating the PTO Director's responsibility to determine whether to institute inter partes review (IPR) of issued patents to the Patent Trial and Appeal Board (PTAB), which is the entity that the AIA directs to render final decisions in instituted proceedings.

2. Whether the PTO's administration of IPR proceedings violates a patent owner's constitutional right to due process by having the same decisionmaker, the PTAB, render both the institution decision and the final decision.

Question Presented (AI Summary)

Whether the PTO violated the AIA by delegating the Director's responsibility to the PTAB

Docket Entries

2022-10-03
Petition DENIED.
2022-07-13
DISTRIBUTED for Conference of 9/28/2022.
2022-06-24
Waiver of right of respondent Federal Respondents to respond filed.
2022-05-16
Petition for a writ of certiorari filed. (Response due July 6, 2022)

Attorneys

CustomPlay, LLC
John C. CareyCarey Rodriguez Greenberg & Paul LLP, Petitioner
Federal Respondents
Elizabeth B. PrelogarSolicitor General, Respondent