No. 23-135
Intel Corporation, et al. v. Katherine K. Vidal, Under Secretary of Commerce for Intellectual Property and Director, United States Patent and Trademark Office
Amici (3)
Experienced Counsel
Tags: administrative-procedure-act agency-rulemaking inter-partes-review judicial-review patent patent-and-trademark-office patent-review statutory-interpretation
Latest Conference:
2024-01-05
Question Presented (from Petition)
Whether 35 U.S.C. § 314(d), which bars judicial review of "[t]he determination ... whether to institute an inter partes review," applies even when no institution decision is challenged to preclude review of PTO rules setting standards governing institution decisions.
Question Presented (AI Summary)
Whether 35 U.S.C. § 314(d) precludes review of PTO rules setting standards governing IPR institution decisions
Docket Entries
2024-01-08
Petition DENIED.
2023-11-29
DISTRIBUTED for Conference of 1/5/2024.
2023-11-27
Reply of petitioners Intel Corporation, et al. filed. (Distributed)
2023-11-09
Brief of respondent Katherine K. Vidal, Under Secretary of Commerce for Intellectual Property and Director, United States Patent and Trademark Office in opposition filed.
2023-10-10
Motion to extend the time to file a response is granted and the time is further extended to and including November 9, 2023.
2023-10-06
Motion to extend the time to file a response from October 16, 2023 to November 9, 2023, submitted to The Clerk.
2023-09-14
Brief amicus curiae of ACT | The App Association filed.
2023-09-14
Letter from counsel for respondent Apple Inc. submitted pursuant to Rule 12.6 filed.
2023-09-14
Letter from counsel for respondent Google LLC submitted pursuant to Rule 12.6 filed.
2023-09-14
Brief amici curiae of Leading Innovators filed.
2023-09-14
Letter from counsel for respondent Cisco Systems, Inc. submitted pursuant to Rule 12.6 filed.
2023-09-14
Brief amici curiae of Computer and Communications Industry Association, et al. filed.
2023-08-22
Motion to extend the time to file a response is granted and the time is extended to and including October 16, 2023.
2023-08-21
Motion to extend the time to file a response from September 14, 2023 to October 16, 2023, submitted to The Clerk.
2023-08-10
Petition for a writ of certiorari filed. (Response due September 14, 2023)
2023-06-05
Application (22A1043) granted by The Chief Justice extending the time to file until August 10, 2023.
2023-05-31
Application (22A1043) to extend the time to file a petition for a writ of certiorari from June 11, 2023 to August 10, 2023, submitted to The Chief Justice.
Attorneys
ACT | The App Association
Brian Eugene Scarpelli — Amicus
Computer and Communications Industry Association; High Tech Inventors Alliance
Google LLC
Nathan Kip Kelley — Perkins Coie LLP, Respondent
Intel Corporation, et al.
Leading Innovators
Vidal, Katherine K.
Elizabeth B. Prelogar — Solicitor General, Respondent