No. 22-927
Nike, Inc. v. Adidas AG, et al.
Tags: 35-usc-316 america-invents-act claim-construction inter-partes-review patent-holder patent-law patent-trial-and-appeal-board prior-art substitute-claims
Key Terms:
AdministrativeLaw DueProcess Securities Patent Trademark
AdministrativeLaw DueProcess Securities Patent Trademark
Latest Conference:
2023-06-22
(distributed 2 times)
Question Presented (from Petition)
Whether, in inter partes review, the Patent Trial and Appeal Board may raise sua sponte a new ground of unpatentability—including prior art that the petitioner neither cited nor relied upon—and whether the Board may rely on that new ground to reject a patent-holder's substitute claim as unpatentable.
Question Presented (AI Summary)
Whether, in inter partes review, the Patent Trial and Appeal Board may raise sua sponte a new ground of prior art that the petitioner neither cited nor relied upon—and whether the Board may rely on that new ground to reject a patent-holder's substitute claim as unpatentable
Docket Entries
2023-06-26
Petition DENIED.
2023-06-06
DISTRIBUTED for Conference of 6/22/2023.
2023-06-06
Reply of petitioner Nike, Inc. filed. (Distributed)
2023-05-23
Brief of respondent Federal Respondent in opposition filed.
2023-05-11
Motion to extend the time to file a response is granted and the time is extended to and including May 23, 2023.
2023-05-09
Motion to extend the time to file a response from May 18, 2023 to May 23, 2023, submitted to The Clerk.
2023-05-09
Letter dated May 2, 2023 from counsel for respondent adidas AG received.
2023-04-18
Response Requested. (Due May 18, 2023)
2023-04-12
DISTRIBUTED for Conference of 4/28/2023.
2023-04-06
Waiver of right of respondent United States to respond filed.
2023-03-24
Waiver of right of respondent Adidas AG to respond filed.
2023-03-21
Petition for a writ of certiorari filed. (Response due April 24, 2023)
2023-01-25
Application (22A668) granted by The Chief Justice extending the time to file until March 21, 2023.
2023-01-23
Application (22A668) to extend the time to file a petition for a writ of certiorari from February 19, 2023 to March 21, 2023, submitted to The Chief Justice.
Attorneys
Adidas AG
Mitchell Gaines Stockwell — Kilpatrick Townsend & Stockton LLP, Respondent
Nike, Inc.
Allon Kedem — Arnold & Porter Kaye Scholer LLP, Petitioner
United States
Elizabeth B. Prelogar — Solicitor General, Respondent