Thryv, Inc. v. Click-To-Call Technologies, LP
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 18-916 | Fed. Cir. | Dec 9, 2019 | Apr 20, 2020 | 7-2 | Ginsburg | OT 2019 |
Holding: Federal patent law does not allow an appeal of the Patent Trial and Appeal Board's decision to institute a procedure for challenging the validity of a patent after finding that a one-year time bar does not apply.
Judgment: Vacated and remanded, 7-2, in an opinion by Justice Ginsburg on April 20, 2020. Justices Thomas and Alito joined the majority opinion except as to Part III–C. Justice Gorsuch filed a dissenting opinion, in which Justice Sotomayor joined as to Parts I, II, III and IV.
SCOTUSblog Coverage
- Opinion analysis: Supreme Court forecloses judicial review that could save “bad patent claims,” while dissent bemoans a “rough day” for judicial power (John Duffy, April 21, 2020)
- Live blog of orders and opinions (Update: Completed) (Kalvis Golde, April 20, 2020)
- Argument analysis: “Small potatoes” or not, court explores the meaning of the “presumption of judicial review” (John Duffy, December 10, 2019)
- Argument preview: A claim of unreviewable discretion for an agency under a cloud of constitutional doubt (John Duffy, December 2, 2019)
- Justices bulk up next term’s docket (Amy Howe, June 24, 2019)
- Relist Watch (John Elwood, June 20, 2019)
| Date | Proceedings and Orders |
|---|---|
| Oct 30 2018 | Application (18A485) to extend the time to file a petition for a writ of certiorari from November 14, 2018 to December 14, 2018, submitted to The Chief Justice. |
| Nov 07 2018 | Application (18A485) granted by The Chief Justice extending the time to file until December 14, 2018. |
| Nov 19 2018 | Application (18A485) to extend further the time from December 14, 2018 to January 11, 2019, submitted to The Chief Justice. |
| Nov 20 2018 | Application (18A485) granted by The Chief Justice extending the time to file until January 11, 2019. |
| Jan 11 2019 | Petition for a writ of certiorari filed. (Response due February 14, 2019) |
| Feb 06 2019 | Motion to extend the time to file a response from February 14, 2019 to March 18, 2019, submitted to The Clerk. |
| Feb 06 2019 | Motion to extend the time to file a response from February 14, 2019 to April 1, 2019, submitted to The Clerk. |
| Feb 07 2019 | Motion to extend the time to file a response is granted and the time is extended to and including March 18, 2019, for all respondents. |
| Feb 12 2019 | Motion to extend the time to file a response is granted and the time is extended to and including April 1, 2019, for all respondents. |
| Feb 13 2019 | Brief amicus curiae of Frontier Communications Corporation filed. |
| Feb 13 2019 | Brief amicus curiae of The Association for Accessible Medicines filed. |
| Feb 14 2019 | Brief amicus curiae of Superior Communications, Inc. filed. |
| Mar 18 2019 | Motion to extend the time to file a response from April 1, 2019 to May 1, 2019, submitted to The Clerk. |
| Mar 19 2019 | Motion to extend the time to file a response is granted and the time is further extended to and including May 1, 2019, for all respondents. |
| Mar 26 2019 | Motion of Click-to-Call Technologies, LP, to extend the time to file a response from May 1, 2019 to May 8, 2019, submitted to The Clerk. |
| Mar 29 2019 | Motion to extend the time to file a response is granted and the time is further extended to and including May 8, 2019. |
| May 01 2019 | Brief of Federal Respondent in opposition filed. |
| May 08 2019 | Brief of respondent Click-To-Call Technologies, LP in opposition filed. |
| May 17 2019 | Reply of petitioner Dex Media, Inc., filed. |
| May 21 2019 | DISTRIBUTED for Conference of 6/6/2019. |
| May 28 2019 | Rescheduled. |
| May 28 2019 | DISTRIBUTED for Conference of 6/13/2019. |
| Jun 17 2019 | DISTRIBUTED for Conference of 6/20/2019. |
| Jun 24 2019 | Petition GRANTED limited to Question 1 presented by the petition. |
| Jul 09 2019 | Joint motion for an extension of time to file the briefs on the merits filed. |
| Jul 09 2019 | Motion to dispense with printing the joint appendix filed by petitioner Dex Media, Inc. |
| Jul 09 2019 | Joint motion to extend the time to file the briefs on the merits granted. The time to file petitioner's brief on the merits is extended to and including August 22, 2019. The time to file respondents' briefs on the merits is extended to and including October 7, 2019. |
| Jul 29 2019 | Blanket Consent filed by Petitioner, Dex Media, Inc. |
| Jul 29 2019 | Notice of change of entity name of Dex Media, Inc. filed. |
| Aug 13 2019 | Blanket Consent filed by Respondent, Click-To-Call Technologies, LP,, et al. |
| Aug 16 2019 | Joint motion for a further extension of time to file the briefs on the merits filed. |
| Aug 20 2019 | Joint motion to further extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is further extended to and including September 3, 2019. The time to file respondents' briefs on the merits is further extended to and including October 28, 2019. |
| Aug 23 2019 | Motion to dispense with printing the joint appendix filed by petitioner GRANTED. |
| Sep 03 2019 | Brief of Federal Respondent supporting reversal filed. |
| Sep 03 2019 | Brief of petitioner Thryv, Inc., fka Dex Media, Inc. filed. |
| Sep 09 2019 | Brief amicus curiae of Federal Circuit Bar Association in support of neither party filed. |
| Sep 10 2019 | Brief amicus curiae of PTAB Bar Association in support of neither party filed. |
| Sep 10 2019 | Brief amicus curiae of Atlanta Gas Light Company filed. |
| Sep 10 2019 | Brief amicus curiae of Intel Corporation filed. |
| Sep 10 2019 | Brief amici curiae of ON Semiconductor Corporation, et al. filed. |
| Sep 10 2019 | Brief amicus curiae of Superior Communications, Inc. filed. |
| Sep 10 2019 | Brief amicus curiae of American Intellectual Property Law Association in support of neither party filed. |
| Sep 10 2019 | Brief amici curiae of AARP and AARP Foundation filed. |
| Sep 13 2019 | SET FOR ARGUMENT on Monday, December 9, 2019. VIDED. |
| Sep 13 2019 | Motion for divided argument filed by the Solicitor General. |
| Oct 18 2019 | Brief amicus curiae of New York Intellectual Property Law Association filed. |
| Oct 23 2019 | Record requested from the U.S.C.A. Federal Circuit. |
| Oct 25 2019 | CIRCULATED |
| Oct 28 2019 | Brief of respondent Click-To-Call Technologies, LP filed. (Distributed) |
| Nov 01 2019 | Record from the U.S.C.A. Federal Circuit is electronic and located on Pacer, with the exception of 1 enevelope of confidential documents. |
| Nov 04 2019 | Amicus brief of Pharmaceutical Research and Manufacturers of America not accepted for filing. (November 04, 2019 - Corrected version submitted). |
| Nov 04 2019 | Brief amicus curiae of Pharmaceutical Research and Manufacturers of America filed. (November 4, 2019) (Distributed) |
| Nov 04 2019 | Brief amicus curiae of Biotechnology Innovation Organization filed. (Distributed) |
| Nov 04 2019 | Brief amicus curiae of Professor Stephen I. Vladeck filed. (Distributed) |
| Nov 04 2019 | Brief amici curiae of Professors of Patent and Administrative Law filed. (Distributed) |
| Nov 04 2019 | Brief amicus curiae of Power Integrations, Inc. filed. (Distributed) |
| Nov 12 2019 | Motion for divided argument filed by respondent GRANTED. |
| Nov 15 2019 | Letter from counsel for amici Professors of Patent and Administrative Law notifying Clerk of receipt of consent from all parties to the filing of an amicus brief filed. |
| Nov 26 2019 | Reply of petitioner Thryv, Inc., fka Dex Media, Inc. filed. (Distributed) |
| Nov 27 2019 | Reply of respondent Federal Respondent filed. (Distributed) |
| Dec 09 2019 | Argued. For petitioner: Adam H. Charnes, Dallas, Tex. For federal respondent supporting reversal: Jonathan Y. Ellis, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For private respondent: Daniel L. Geyser, Dallas, Tex. |
| Apr 20 2020 | Judgment VACATED and case REMANDED. Ginsburg, J., delivered the opinion of the Court, in which Roberts, C. J., and Breyer, Kagan, and Kavanaugh, JJ., joined, and in which Thomas and Alito, JJ., joined except as to Part III–C. Gorsuch, J., filed a dissenting opinion, in which Sotomayor, J., joined as to Parts I, II, III, and IV. |
| May 22 2020 | JUDGMENT ISSUED |
