ESIP Series 2, LLC v. Puzhen Life USA, LLC

 
DOCKET NO.
OP. BELOW
SUBJECT
Patent

Question(s) Presented

1. “Whether Board decisions that are arbitrary and capricious, exceed the Board’s statutory jurisdiction from the start, and are made by administrative patent judges holding that position in violation of the Appointments Clause, which decisions are not reviewed by any principal officer in the Executive Branch, are also precluded from review by an Art. III court.”

2. “Whether the Federal Circuit’s ruling in ESIP Series 2, LLC v. Puzhen Life USA, LLC, 958 F.3d 1378 (Fed. Cir. 2020) improperly extends the scope of Thryv, Inc. v. Click-to-Call Techs., LP, 140 S.Ct. 1367 (2020).”

Posts About this Case

Date
Proceedings and Orders
September 16, 2020
DISTRIBUTED for Conference of 10/9/2020.