No. 22-803

Virentem Ventures, LLC v. Google LLC

Lower Court: Federal Circuit
Docketed: 2023-02-24
Status: Denied
Type: Paid
Response Waived
Tags: claim-construction due-process federal-circuit patent patent-invalidity ptab ptab-determination rule-36
Key Terms:
DueProcess Patent JusticiabilityDoctri
Latest Conference: 2023-03-24
Question Presented (AI Summary)

Does the Federal Circuit's use of Rule 36 to affirm without opinion PTAB invalidity determinations that are challenged based on pure questions of law violate a patentee's due process rights through arbitrary or disparately applied results?

Question Presented (from Petition)

QUESTIONS PRESENTED 1. Does the Federal Circuit’s use of Rule 36 to affirm without opinion PTAB invalidity determinations that are challenged based on pure questions of law violate a patentee’s due process rights through arbitrary or disparately applied results? 2. Did the Federal Circuit’s use of Rule 36 to affirm without opinion PTAB invalidity determinations of Virentem’s patents violate its due process rights? 3. Did the PTAB’s adoption, and Federal Circuit’s summary affirmance, of broad constructions of Time Scale Modification and other claim terms over Virentem’s explicit narrowing definitions, violate the Federal Circuit’s own law and precedents on claim construction in such circumstances? 4. Does the Federal Circuit’s use of Rule 36 to affirm without opinion decisions from the PTAB violate the requirement of 35 U.S.C. § 144 that the Federal Circuit “shall issue to the Director its mandate and opinion”?

Docket Entries

2023-03-27
Petition DENIED.
2023-03-08
DISTRIBUTED for Conference of 3/24/2023.
2023-02-28
Waiver of right of respondent Google LLC to respond filed.
2023-02-21
2023-02-16
Application (22A752) denied by The Chief Justice. See Supreme Court Rule 13.5.
2023-02-13
Application (22A752) to extend the time to file a petition for a writ of certiorari from February 19, 2023 to April 20, 2023, submitted to The Chief Justice.

Attorneys

Google LLC
Naveen ModiPaul Hastings LLP, Respondent
Naveen ModiPaul Hastings LLP, Respondent
Virentem Ventures, LLC
Denise Marie De MoryBunsow De Mory LLP, Petitioner
Denise Marie De MoryBunsow De Mory LLP, Petitioner