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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

Docket No. Argument Opinion Vote Author Term
18-1027 N/A N/A N/A N/A OT 2019

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

DateProceedings and Orders (key to color coding)
02/04/2019Petition for a writ of certiorari filed. (Response due March 8, 2019)
03/20/2019DISTRIBUTED for Conference of 4/12/2019.
03/21/2019Response Requested. (Due April 22, 2019)
04/16/2019Motion of Voltstar Technologies, Inc. for an extension of time not accepted for filing. (April 18, 2019 -- Corrected version to be submitted)
04/18/2019Motion to extend the time to file a response from April 22, 2019 to May 14, 2019, submitted to The Clerk.
04/19/2019Motion to extend the time to file a response is granted and the time is extended to and including May 14, 2019.
05/14/2019Brief of respondent Voltstar Technologies, Inc. in opposition filed.
05/23/2019Reply of petitioner Superior Communications, Inc. filed.
05/28/2019DISTRIBUTED for Conference of 6/13/2019.
06/17/2019DISTRIBUTED for Conference of 6/20/2019.
04/20/2020DISTRIBUTED for Conference of 4/24/2020.
04/27/2020Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Thryv, Inc. v. Click-to-Call Technologies, LP, 590 U. S. ___ (2020).
05/29/2020JUDGMENT ISSUED.