No. 20-934

Haritha Samaranayake, et al. v. Andrei Iancu, Under Secretary of Commerce for Intellectual Property and Director, United States Patent and Trademark Office

Lower Court: Federal Circuit
Docketed: 2021-01-11
Status: Denied
Type: Paid
Response Waived
Tags: administrative-procedure administrative-procedure-act due-process evidentiary-record federal-circuit patent separation-of-powers standing statutory-jurisdiction
Key Terms:
AdministrativeLaw DueProcess Patent Trademark
Latest Conference: 2021-02-19
Question Presented (AI Summary)

Whether the Court of Appeals for the Federal Circuit exceeded its statutory jurisdiction under 35 U.S.C. § 144

Question Presented (from Petition)

Questions Presented Whether, in creating the required evidentiary record de novo rather than merely reviewing the agency Record below, the Court of Appeals for the Federal Circuit exceeded its statutory jurisdiction under 35 U.S.C. § 144. Whether 5t Amendment due process requires a litigant be afforded the opportunity to proffer rebuttal evidence in response to evidence newlyentered by a Federal Court.

Docket Entries

2021-02-22
Petition DENIED.
2021-01-27
DISTRIBUTED for Conference of 2/19/2021.
2021-01-25
Waiver of right of respondent Iancu, Andrei to respond filed.
2020-01-04
Petition for a writ of certiorari filed. (Response due February 10, 2021)

Attorneys

Haritha Samaranayake, et al.
J. Mark PohlPharmaceutical Patent Attorneys LLC, Pohls & Assoc, Petitioner
J. Mark PohlPharmaceutical Patent Attorneys LLC, Pohls & Assoc, Petitioner
Iancu, Andrei
Elizabeth B. PrelogarActing Solicitor General, Respondent
Elizabeth B. PrelogarActing Solicitor General, Respondent