No. 19-591

Chestnut Hill Sound Inc. v. Apple Inc., et al.

Lower Court: Federal Circuit
Docketed: 2019-11-06
Status: Denied
Type: Paid
Response Waived
Tags: appellate-procedure due-process equal-protection judicial-transparency patent reasoned-opinions rule-of-law summary-affirmation summary-affirmations
Key Terms:
DueProcess FirstAmendment Patent Trademark JusticiabilityDoctri
Latest Conference: 2020-01-10
Question Presented (AI Summary)

Can a court ever choose to write reasoned opinions for one class of losing appellants and not another under the Due Process and Equal Protection Clauses

Question Presented (OCR Extract)

QUESTIONS PRESENTED In an appeal from an inter partes review decision of unpatentability, a losing Patent Owner-Appellant is more than three times as likely to receive a oneword summary affirmation than a losing The Federal Circuit issues these one-word summary affirmations under Federal Circuit Rule 36. This Court has already requested briefing on a related question regarding Federal Circuit Rule 36(e) in Straight Path IP Group, LLC v. Apple Inc., et al, Sup. Ct. No 19-253. The Questions Presented below address disparities of outcomes for Patent Owners versus Petitioners, but they may be considered companion issues. 1. Can a court ever choose to write reasoned opinions for one class of losing appellants and not another under the Due Process and Equal Protection Clauses; and if so, how disparate can the issuance rates of reasoned opinions, versus summary affirmations, be for different classes of appellants? 2. Is the Public entitled to reasoned opinions when the absence of those opinions diminishes the Public’s right of access to the courts and ultimately results in the erosion of the Rule of Law?

Docket Entries

2020-01-13
Petition DENIED.
2019-12-04
DISTRIBUTED for Conference of 1/10/2020.
2019-12-02
Waiver of right of respondent Andrei Iancu to respond filed.
2019-11-21
Waiver of right of respondent Apple Inc. to respond filed.
2019-10-29
Petition for a writ of certiorari filed. (Response due December 6, 2019)

Attorneys

Andrei Iancu
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent
Apple Inc.
John Andrew DragsethFish and Richardson P.C., Respondent
John Andrew DragsethFish and Richardson P.C., Respondent
Chestnut Hill Sound Inc.
Alexis Faye MosserGlast, Phillips & Murray, P.C., Petitioner
Alexis Faye MosserGlast, Phillips & Murray, P.C., Petitioner