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Peter v. NantKwest Inc.

Docket No. Argument Opinion Vote Author Term
18-801 Oct 7, 2019 Dec 11, 2019 9-0 Sotomayor OT 2019

Holding: The PTO cannot recover the salaries of its legal personnel under Section 145 of the Patent Act.

Judgment: Affirmed, 9-0, in an opinion by Justice Sotomayor on December 11, 2019.

DateProceedings and Orders (key to color coding)
10/04/2018Application (18A369) to extend the time to file a petition for a writ of certiorari from October 25, 2018 to November 23, 2018, submitted to The Chief Justice.
10/05/2018Application (18A369) granted by The Chief Justice extending the time to file until November 23, 2018.
11/13/2018Application (18A369) to extend further the time from November 23, 2018 to December 21, 2018, submitted to The Chief Justice.
11/14/2018Application (18A369) granted by The Chief Justice extending the time to file until December 21, 2018.
12/21/2018Petition for a writ of certiorari filed. (Response due January 22, 2019)
01/22/2019Brief of respondent NantKwest, Inc. in opposition filed.
02/04/2019Reply of petitioner Andrei Iancu filed.
02/06/2019DISTRIBUTED for Conference of 2/22/2019.
02/25/2019DISTRIBUTED for Conference of 3/1/2019.
03/04/2019Petition GRANTED.
03/26/2019Motion for an extension of time to file the briefs on the merits filed.
04/03/2019Motion to extend the time to file the briefs on the merits is granted. The time to file joint appendix and petitioner's brief on the merits is extended to and including May 17, 2019. The time to file respondent's brief on the merits is extended to and including July 15, 2019.
05/08/2019Letter of substitution of petitioner received.
05/17/2019Brief of petitioner Laura Peter, Deputy Director, Patent and Trademark Office, filed.
05/17/2019Joint appendix filed.
05/23/2019Brief amicus curiae of R Street Institute filed.
05/24/2019Brief amicus curiae of Federal Circuit Bar Association in support of neither party filed.
06/25/2019Brief amicus curiae of New York Intellectual Property Law Association filed.
07/01/2019SET FOR ARGUMENT on Monday, October 7, 2019.
07/15/2019Brief of respondent NantKwest, Inc. filed.
07/22/2019Brief amicus curiae of The American Bar Association filed.
07/22/2019Brief amicus curiae of Intellectual Property Owners Association filed.
07/22/2019Brief amicus curiae of The Intellectual Property Law Association of Chicago filed.
07/22/2019Brief amici curiae of The Association of Amicus Counsel, et al. filed.
07/22/2019Brief amicus curiae of The International Trademark Association filed.
07/22/2019Brief amicus curiae of American Intellectual Property Law Association filed.
07/22/2019Brief amicus curiae of Association of the Bar of the City of New York filed.
07/22/2019Brief amicus curiae of IEEE-USA filed.
08/01/2019CIRCULATED
08/14/2019Reply of petitioner Laura Peter, Deputy Director, Patent and Trademark Office filed. (Distributed)
08/16/2019Record requested from the U.S.C.A. Federal Circuit.
08/27/2019Complete record located on PACER (U.S.C.A. Federal Circuit and U.S.D.C. Eastern Dist, VA).
10/07/2019Argued. For petitioner: Malcolm L. Stewart, Deputy Solicitor General, Department of Justice, Washington, D. C. For respondent: Mr. Morgan Chu, Los Angeles, Cal.
12/11/2019Adjudged to be AFFIRMED. Sotomayor, J., delivered the opinion for a unanimous Court.
01/13/2020JUDGMENT ISSUED.