Thryv, Inc. v. Click-To-Call Technologies, LP
| Docket No. | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|
| 18-916 | 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 terms docket (Amy Howe, June 24, 2019)
- Relist Watch (John Elwood, June 20, 2019)
| Date | Proceedings and Orders |
|---|---|
| 10/30/2018 | 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. |
| 11/07/2018 | Application (18A485) granted by The Chief Justice extending the time to file until December 14, 2018. |
| 11/19/2018 | Application (18A485) to extend further the time from December 14, 2018 to January 11, 2019, submitted to The Chief Justice. |
| 11/20/2018 | Application (18A485) granted by The Chief Justice extending the time to file until January 11, 2019. |
| 01/11/2019 | Petition for a writ of certiorari filed. (Response due February 14, 2019) |
| 02/06/2019 | Motion to extend the time to file a response from February 14, 2019 to March 18, 2019, submitted to The Clerk. |
| 02/06/2019 | Motion to extend the time to file a response from February 14, 2019 to April 1, 2019, submitted to The Clerk. |
| 02/07/2019 | 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. |
| 02/12/2019 | 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. |
| 02/13/2019 | Brief amicus curiae of Frontier Communications Corporation filed. |
| 02/13/2019 | Brief amicus curiae of The Association for Accessible Medicines filed. |
| 02/14/2019 | Brief amicus curiae of Superior Communications, Inc. filed. |
| 03/18/2019 | Motion to extend the time to file a response from April 1, 2019 to May 1, 2019, submitted to The Clerk. |
| 03/19/2019 | 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. |
| 03/26/2019 | 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. |
| 03/29/2019 | Motion to extend the time to file a response is granted and the time is further extended to and including May 8, 2019. |
| 05/01/2019 | Brief of Federal Respondent in opposition filed. |
| 05/08/2019 | Brief of respondent Click-To-Call Technologies, LP in opposition filed. |
| 05/17/2019 | Reply of petitioner Dex Media, Inc., filed. |
| 05/21/2019 | DISTRIBUTED for Conference of 6/6/2019. |
| 05/28/2019 | Rescheduled. |
| 05/28/2019 | DISTRIBUTED for Conference of 6/13/2019. |
| 06/17/2019 | DISTRIBUTED for Conference of 6/20/2019. |
| 06/24/2019 | Petition GRANTED limited to Question 1 presented by the petition. |
| 07/09/2019 | Joint motion for an extension of time to file the briefs on the merits filed. |
| 07/09/2019 | Motion to dispense with printing the joint appendix filed by petitioner Dex Media, Inc. |
| 07/09/2019 | 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. |
| 07/29/2019 | Blanket Consent filed by Petitioner, Dex Media, Inc. |
| 07/29/2019 | Notice of change of entity name of Dex Media, Inc. filed. |
| 08/13/2019 | Blanket Consent filed by Respondent, Click-To-Call Technologies, LP,, et al. |
| 08/16/2019 | Joint motion for a further extension of time to file the briefs on the merits filed. |
| 08/20/2019 | 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. |
| 08/23/2019 | Motion to dispense with printing the joint appendix filed by petitioner GRANTED. |
| 09/03/2019 | Brief of Federal Respondent supporting reversal filed. |
| 09/03/2019 | Brief of petitioner Thryv, Inc., fka Dex Media, Inc. filed. |
| 09/09/2019 | Brief amicus curiae of Federal Circuit Bar Association in support of neither party filed. |
| 09/10/2019 | Brief amicus curiae of PTAB Bar Association in support of neither party filed. |
| 09/10/2019 | Brief amicus curiae of Atlanta Gas Light Company filed. |
| 09/10/2019 | Brief amicus curiae of Intel Corporation filed. |
| 09/10/2019 | Brief amici curiae of ON Semiconductor Corporation, et al. filed. |
| 09/10/2019 | Brief amicus curiae of Superior Communications, Inc. filed. |
| 09/10/2019 | Brief amicus curiae of American Intellectual Property Law Association in support of neither party filed. |
| 09/10/2019 | Brief amici curiae of AARP and AARP Foundation filed. |
| 09/13/2019 | SET FOR ARGUMENT on Monday, December 9, 2019. VIDED. |
| 09/13/2019 | Motion for divided argument filed by the Solicitor General. |
| 10/18/2019 | Brief amicus curiae of New York Intellectual Property Law Association filed. |
| 10/23/2019 | Record requested from the U.S.C.A. Federal Circuit. |
| 10/25/2019 | CIRCULATED |
| 10/28/2019 | Brief of respondent Click-To-Call Technologies, LP filed. (Distributed) |
| 11/01/2019 | Record from the U.S.C.A. Federal Circuit is electronic and located on Pacer, with the exception of 1 enevelope of confidential documents. |
| 11/04/2019 | Amicus brief of Pharmaceutical Research and Manufacturers of America not accepted for filing. (November 04, 2019 - Corrected version submitted). |
| 11/04/2019 | Brief amicus curiae of Pharmaceutical Research and Manufacturers of America filed. (November 4, 2019) (Distributed) |
| 11/04/2019 | Brief amicus curiae of Biotechnology Innovation Organization filed. (Distributed) |
| 11/04/2019 | Brief amicus curiae of Professor Stephen I. Vladeck filed. (Distributed) |
| 11/04/2019 | Brief amici curiae of Professors of Patent and Administrative Law filed. (Distributed) |
| 11/04/2019 | Brief amicus curiae of Power Integrations, Inc. filed. (Distributed) |
| 11/12/2019 | Motion for divided argument filed by respondent GRANTED. |
| 11/15/2019 | 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. |
| 11/26/2019 | Reply of petitioner Thryv, Inc., fka Dex Media, Inc. filed. (Distributed) |
| 11/27/2019 | Reply of respondent Federal Respondent filed. (Distributed) |
| 12/09/2019 | 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. |
| 04/20/2020 | 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. |
| 05/22/2020 | JUDGMENT ISSUED |