Superior Communications Inc. v. Voltstar Technologies Inc.
Petition for certiorari are granted, judgment vacated and case remanded to the U.S. Court of Appeals for the Federal Circuit for further consideration in light of Thryv Inc. v. Click-to-Call Technologies, LP, on April 27, 2020
Issue: (1) Whether, under 35 U.S.C. § 314(d), a party may appeal the Patent Trial and Appeal Board"s application of 35 U.S.C. § 315(b)"s time-bar provision made during its decision to institute inter partes review; and (2) whether 35 U.S.C. § 315(b) precludes the Patent Trial and Appeal Board from instituting inter partes review when the petitioner sought inter partes review more than a year after it was served with a patent infringement complaint that was voluntarily dismissed without prejudice.
SCOTUSblog Coverage
- Relist Watch (John Elwood, June 20, 2019)
Date | Proceedings and Orders |
---|---|
02/04/2019 | Petition for a writ of certiorari filed. (Response due March 8, 2019) |
03/20/2019 | DISTRIBUTED for Conference of 4/12/2019. |
03/21/2019 | Response Requested. (Due April 22, 2019) |
04/16/2019 | Motion of Voltstar Technologies, Inc. for an extension of time not accepted for filing. (April 18, 2019 -- Corrected version to be submitted) |
04/18/2019 | Motion to extend the time to file a response from April 22, 2019 to May 14, 2019, submitted to The Clerk. |
04/19/2019 | Motion to extend the time to file a response is granted and the time is extended to and including May 14, 2019. |
05/14/2019 | Brief of respondent Voltstar Technologies, Inc. in opposition filed. |
05/23/2019 | Reply of petitioner Superior Communications, Inc. filed. |
05/28/2019 | DISTRIBUTED for Conference of 6/13/2019. |
06/17/2019 | DISTRIBUTED for Conference of 6/20/2019. |
04/20/2020 | DISTRIBUTED for Conference of 4/24/2020. |
04/27/2020 | Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Thryv, Inc. v. Click-to-Call Technologies, LP, 590 U. S. ___ (2020). |
05/29/2020 | JUDGMENT ISSUED. |