No. 19-1381

BioDelivery Sciences International, Inc. v. Aquestive Therapeutics, Inc., fka MonoSol RX, LLC

Lower Court: Federal Circuit
Docketed: 2020-06-16
Status: Denied
Type: Paid
Response RequestedResponse WaivedRelisted (2)
Tags: administrative-law administrative-law-review agency-discretion appellate-jurisdiction due-process federal-circuit inter-partes-review judicial-review mandate-implementation patent patent-office sas-institute
Key Terms:
AdministrativeLaw DueProcess Patent Trademark JusticiabilityDoctri
Latest Conference: 2020-09-29 (distributed 2 times)
Question Presented (AI Summary)

Does the Judiciary have authority to review a Patent Office decision refusing to implement its mandate and this Court's precedent?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. The Federal Circuit vacated three inadequate final written decisions and remanded the inter partes reviews (IPRs) with the order to implement this Court’s decision in SAS. On its own initiative on remand, the Patent Office instead terminated the instituted IPRs. The Federal Circuit dismissed the appeal of the termination decisions, holding it lacked authority to review those decisions. Does the Judiciary have authority to review a Patent Office decision refusing to implement its mandate and this Court’s precedent? 2. The Patent Office terminated three IPRs that had already been instituted. The Patent Office has no discretionary authority to terminate an instituted IPR—as long as the petitioner remains involved. But the Patent Office mislabeled the termination decisions as nonappealable decisions whether to institute the IPRs. May a petitioner appeal a decision terminating an instituted IPR, despite the decision being mislabeled as a nonappealable decision?

Docket Entries

2020-10-05
Petition DENIED.
2020-09-02
DISTRIBUTED for Conference of 9/29/2020.
2020-08-27
Reply of petitioner BioDelivery Sciences International, Inc. filed. (Distributed)
2020-08-17
Brief of respondent Aquestive Therapeutics, Inc. f/k/a MonoSol Rx, LLC in opposition filed.
2020-07-16
Response Requested. (Due August 17, 2020)
2020-06-24
DISTRIBUTED for Conference of 9/29/2020.
2020-06-19
Waiver of right of respondent Aquestive Therapeutics, Inc. f/k/a MonoSol Rx, LLC to respond filed.
2020-06-11
Petition for a writ of certiorari filed. (Response due July 16, 2020)

Attorneys

Aquestive Therapeutics, Inc. f/k/a MonoSol Rx, LLC
Alice LoughranSteptoe & Johnson LLP, Respondent
Alice LoughranSteptoe & Johnson LLP, Respondent
BioDelivery Sciences International, Inc.
Kia Lynn FreemanMcCarter & English, LLP, Petitioner
Kia Lynn FreemanMcCarter & English, LLP, Petitioner