No. 18-1144

Natural Alternatives International, Inc. v. Andrei Iancu, Director, United States Patent and Trademark Office

Lower Court: Federal Circuit
Docketed: 2019-03-05
Status: Denied
Type: Paid
Response Waived
Tags: administrative-law agency-deference agency-guidance federal-circuit intellectual-property judicial-review patent-law patent-trial-and-appeal-board patent-trial-and-appeals-board priority property-law property-rights trips
Key Terms:
AdministrativeLaw Patent Trademark Privacy JusticiabilityDoctri
Latest Conference: 2019-05-09
Question Presented (AI Summary)

Did the Court of Appeals for the Federal Circuit err in analyzing rulings by the Patent Trial and Appeals Board

Question Presented (from Petition)

QUESTIONS PRESENTED Did the Court of Appeals for the Federal Circuit err in analyzing rulings by the Patent Trial and Appeals Board when it failed to base its decision on the Board’s stated reasoning that was the only reasoning briefed by the Patent Office, failed to explain its reasons for departing from the agency guidance, and removed patent law from the ambit of normal property law to create a non-statutory exception to property law? When is priority established for a patent application under the Trade-Related Aspects of Intellectual Property Rights (TRIPs) so that a Patent Owner can change priority in one application without affecting the priority of applications that have already established priority?

Docket Entries

2019-05-13
Petition DENIED.
2019-04-23
DISTRIBUTED for Conference of 5/9/2019.
2019-04-16
Waiver of right of respondent Andrei Iancu, Director, United States Patent and Trademark Office to respond filed.
2019-02-28
Petition for a writ of certiorari filed. (Response due April 4, 2019)
2018-12-21
Application (18A657) granted by The Chief Justice extending the time to file until February 28, 2019.
2018-12-13
Application (18A657) to extend the time to file a petition for a writ of certiorari from December 30, 2018 to February 28, 2019, submitted to The Chief Justice.

Attorneys

Andrei Iancu, Director, United States Patent and Trademark Office
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent
Natural Alternatives International INC.
Scott Allen Max ChambersPorzio, Bromberg & Newman, P.C., Petitioner
Scott Allen Max ChambersPorzio, Bromberg & Newman, P.C., Petitioner