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Thryv, Inc. v. Click-To-Call Technologies, LP

 
DOCKET NO.
18-916
OP. BELOW
Fed. Cir.
OPINION
April 20, 2020
SUBJECT
Patent
AUTHOR
Ginsburg

Question(s) Presented

“Whether 35 U.S.C. § 314(d) permits appeal of the PTAB’s decision to institute an inter partes review upon finding that § 315(b)’s time bar did not apply.”

Holding

“The agency’s application of §315(b)’s time limit, we hold, is closely related to its decision whether to institute inter partes review and is therefore rendered nonappealable by §314(d).”

Posts About this Case

Date
Proceedings and Orders
October 30, 2018
Application (18A485) to extend the time to file a petition for a writ of certiorari from November 14, 2018 to December 14, 2018, submitted to The Chief Justice.
November 7, 2018
Application (18A485) granted by The Chief Justice extending the time to file until December 14, 2018.
November 19, 2018
Application (18A485) to extend further the time from December 14, 2018 to January 11, 2019, submitted to The Chief Justice.
November 20, 2018
Application (18A485) granted by The Chief Justice extending the time to file until January 11, 2019.
January 11, 2019
Petition for a writ of certiorari filed. (Response due February 14, 2019)
February 6, 2019
Motion to extend the time to file a response from February 14, 2019 to March 18, 2019, submitted to The Clerk.
February 6, 2019
Motion to extend the time to file a response from February 14, 2019 to April 1, 2019, submitted to The Clerk.
February 7, 2019
Motion to extend the time to file a response is granted and the time is extended to and including March 18, 2019, for all respondents.
February 12, 2019
Motion to extend the time to file a response is granted and the time is extended to and including April 1, 2019, for all respondents.
February 13, 2019
Brief amicus curiae of Frontier Communications Corporation filed.
February 13, 2019
Brief amicus curiae of The Association for Accessible Medicines filed.
February 14, 2019
Brief amicus curiae of Superior Communications, Inc. filed.
March 18, 2019
Motion to extend the time to file a response from April 1, 2019 to May 1, 2019, submitted to The Clerk.
March 19, 2019
Motion to extend the time to file a response is granted and the time is further extended to and including May 1, 2019, for all respondents.
March 26, 2019
Motion of Click-to-Call Technologies, LP, to extend the time to file a response from May 1, 2019 to May 8, 2019, submitted to The Clerk.
March 29, 2019
Motion to extend the time to file a response is granted and the time is further extended to and including May 8, 2019.
May 1, 2019
Brief of Federal Respondent in opposition filed.
May 8, 2019
Brief of respondents Click-To-Call Technologies, LP,, et al. in opposition filed.
May 17, 2019
Reply of petitioner Dex Media, Inc., filed.
May 21, 2019
DISTRIBUTED for Conference of 6/6/2019.
May 28, 2019
Rescheduled.
May 28, 2019
DISTRIBUTED for Conference of 6/13/2019.
June 17, 2019
DISTRIBUTED for Conference of 6/20/2019.
June 24, 2019
Petition GRANTED limited to Question 1 presented by the petition.
July 9, 2019
Joint motion for an extension of time to file the briefs on the merits filed.
July 9, 2019
Motion to dispense with printing the joint appendix filed by petitioner Dex Media, Inc.
July 9, 2019
Joint motion to extend the time to file the briefs on the merits granted. The time to file petitioner's brief on the merits is extended to and including August 22, 2019. The time to file respondents' briefs on the merits is extended to and including October 7, 2019.
July 29, 2019
Blanket Consent filed by Petitioner, Dex Media, Inc.
July 29, 2019
Notice of change of entity name of Dex Media, Inc. filed.
August 13, 2019
Consent to the filing of amicus briefs received from counsel for Click-To-Call Technologies, LP,, et al. submitted.
August 16, 2019
Joint motion for a further extension of time to file the briefs on the merits filed.
August 20, 2019
Joint motion to further extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is further extended to and including September 3, 2019. The time to file respondents' briefs on the merits is further extended to and including October 28, 2019.
August 23, 2019
Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
September 3, 2019
Brief of Federal Respondent filed.
September 3, 2019
Brief of Thryv, Inc., fka Dex Media, Inc. submitted.
September 9, 2019
Brief amicus curiae of Federal Circuit Bar Association in support of neither party filed.
September 10, 2019
Amicus brief of Atlanta Gas Light Company submitted.
September 10, 2019
Amicus brief of AARP and AARP Foundation submitted.
September 10, 2019
Amicus brief of American Intellectual Property Law Association submitted.
September 10, 2019
Amicus brief of ON Semiconductor Corporation, Semiconductor Components Industries, LLC, Fairchild Semiconductor International, Inc. submitted.
September 10, 2019
Amicus brief of Intel Corporation submitted.
September 10, 2019
Amicus brief of Superior Communications, Inc. submitted.
September 10, 2019
Amicus brief of PTAB Bar Association submitted.
September 13, 2019
SET FOR ARGUMENT on Monday, December 9, 2019. VIDED.
September 13, 2019
Motion for divided argument filed by the Solicitor General.
October 18, 2019
Brief amicus curiae of New York Intellectual Property Law Association filed.
October 23, 2019
Record requested from the U.S.C.A. Federal Circuit.
October 25, 2019
CIRCULATED
October 28, 2019
Brief of respondents Click-To-Call Technologies, LP,, et al. filed. (Distributed)
November 4, 2019
Amicus brief of Pharmaceutical Research and Manufacturers of America not accepted for filing. (November 04, 2019 - Corrected version submitted).
November 4, 2019
Brief amicus curiae of Pharmaceutical Research and Manufacturers of America filed. (November 4, 2019) (Distributed)
November 4, 2019
Brief amicus curiae of Biotechnology Innovation Organization filed. (Distributed)
November 4, 2019
Motion of Power Integrations, Inc. for leave to file amicus brief submitted.
November 4, 2019
Amicus brief of Stephen I. Vladeck submitted.
November 4, 2019
Motion of Professors of Patent and Administrative Law for leave to file amicus brief submitted.
November 7, 2019
Amicus brief of Power Integrations, Inc. submitted.
November 12, 2019
Motion for divided argument filed by respondent GRANTED.
November 26, 2019
Reply of petitioner Thryv, Inc., fka Dex Media, Inc. filed. (Distributed)
November 27, 2019
Reply of respondent Federal Respondent filed. (Distributed
December 9, 2019
Argued. For petitioner: Adam H. Charnes, Dallas, Tex. For federal respondent supporting reversal: Jonathan Y. Ellis, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For private respondent: Daniel L. Geyser, Dallas, Tex.
December 9, 2019
Argued. For petitioner: Adam H. Charnes, Dallas, Tex. For federal respondent supporting reversal: Jonathan Y. Ellis, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For private respondent: Daniel L. Geyser, Dallas, Tex.
April 20, 2020
Judgment VACATED and case REMANDED. Ginsburg, J., delivered the opinion of the Court, in which Roberts, C. J., and Breyer, Kagan, and Kavanaugh, JJ., joined, and in which Thomas and Alito, JJ., joined except as to Part III–C. Gorsuch, J., filed a dissenting opinion, in which Sotomayor, J., joined as to Parts I, II, III, and IV.
May 22, 2020
JUDGMENT ISSUED