Petitions for Review

News & Analysis as of

National Marine Fisheries Service Accepts Two Petitions to List the Porbeagle Shark

On March 27, 2015, the National Marine Fisheries Service (NMFS) accepted two petitions asking NMFS to list the Porbeagle shark (Lamna nasus) as threatened or endangered under the Endangered Species Act either throughout the...more

Supreme Court Will Review CEQA Decision Invalidating SANDAG’s 2050 RTP

On March 11, 2015, the California Supreme Court granted the San Diego Association of Governments’ (SANDAG) petition for review of the Fourth District Court of Appeal’s decision in Cleveland National Forest Foundation v. San...more

The D.C. Circuit Clarifies the Timing for Filing Petitions for Review of FERC Orders

At the end of January, the D.C. Circuit denied rehearing en banc in Smith Lake Improvement and Stakeholder Association v. FERC.  Smith Lake clarified when a party denied rehearing at the Federal Energy Regulatory Commission...more

Second Circuit Denies Petition for En Banc Review of Fairfield Decision

On January 13, 2015, the U.S. Court of Appeals for the Second Circuit denied a petition for en banc review of the Second Circuit’s September 2014 panel decision holding that bankruptcy courts are required to review the...more

Ultramercial Requests En Banc Review

Two months ago, in a long-awaited decision, the Federal Circuit invalided Ultramercial's U.S. Patent No. 7,346,545, directed to online video advertisements, as lacking patent-eligibility under 35 U.S.C. § 101. The Court...more

The Whole Is the Sum of Its Parts: Illinois Supreme Court Upholds Service in Bettis

According to the Election Code, anyone wishing to get judicial review of a decision of an electoral board must “serve a copy of the petition upon the electoral board and other parties to the proceeding . . .”...more

Premature Motion to Stay Pending Inter Partes Review Denied Where Patent Trial and Appeal Board Had Not Yet Granted the Petition...

Reflectix, Inc., Innovative Insulation, Inc., TVM Building Products, Inc., Energy Efficient Solutions, LLC, and Home Depot U.S.A., Inc.'s (collectively, "Defendants") filed a motion to stay pending and Inter Partes Review...more

California Supreme Court Grants Review of Coastal Act Decision with Takings Implications

In September 2014, the Court of Appeal for the Fourth Appellate District issued a surprising decision, finding that even if an applicant maintains that it is accepting imposed permit conditions “under protest” and expressly...more

California Supreme Court to Review Denial of Homeowner’s Private Beach Access

In the case of Lynch v. California Coastal Commission (D064120; Cal.App.4th 658; San Diego Superior Court; 37-2011-00058666-CU-WM-NC), the California Supreme Court has granted a petition for review of the decision by the...more

No Need to Mail Process to the Government on a Saturday, Even if the Post Office Is Open

In Wisconsin, a party seeking judicial review of an administrative decision must, within 30 days of service of the agency decision, file a petition for review in the trial court and serve the agency with a copy of the...more

Local and National Environmental Groups Seek to Intervene in Denton Fracking Case

On Thursday, December 4, 2014, in Texas Oil and Gas Assoc. v. City of Denton, Cause No. 14-08933-431, 431st District Court, Denton County, Texas, the Denton Drilling Awareness Group and Earthworks filed a Joint Petition in...more

Pyrrhic Victory: IPR Petition Denied Because Claims Indefinite

Patent Owner won a Pyrrhic victory in Facebook v. TLI Communications, IPR2014-00566, wherein the Board denied the Petition, but for a reason that calls into question the future viability of the patent-in-suit. Namely, the...more

California Supreme Court Denies Review of Cell Phone Reimbursement Case

The California Supreme Court has denied a petition to review Cochran v. Schwan’s Home Service, Inc., Court of Appeal of California, Second Appellate District, Division Two, No. B247160 (August 12, 2014). As a result of the...more

Mistakes to Avoid

Failure to include within the petition an exhibit list with the exhibit number and a brief description of each exhibit. 37 C.F.R. § 42.63(e). SpaceCo Business Solutions, Inc. v. Moscovitch, IPR2015-00135, Paper 6 (November...more

Third IPR Petition Directed to Same Patent Denied under 35 U.S.C. § 325(d)

One of the advantages for Petitioners of inter partes review practice, to date, is the PTAB’s willingness to reconsider prior decisions by the Patent Office relating to patentability. Previous Office determinations of...more

Do-Gooders Won’t Take “No” For An Answer

About a month ago we posted an article on the dismissal of Consumer Watchdog’s appeal at the Court of Appeals for the Federal Circuit following a loss at the USPTO in an inter partes reexamination. Consumer Watchdog, Inc. had...more

Getting It Right the First Time

United State Postal Service v. Return Mail, Inc.; Conopco, Inc. v. The Proctor & Gamble Co. - Two recent orders by the U.S. Patent and Trademark Office (USPTO) Patent Trial and Appeal Board (PTAB or Board) emphasize...more

Warning: No Sandbagging Experimental Evidence

Baxter Healthcare Corp. v. Millenium Biologix, LLC - The U.S. Patent and Trademark Office Patent Trial and Appeal Board (PTAB or Board) has explained that an inter partes review (IPR) petitioner should fully support...more

Correcting the Petition

Silicon Laboratories, Inc. v. Cresta Technology Corporation, IPR2014-00809, paper 28 (November 26, 2014), the Board allowed the Petitioner to file a corrected Petition and Exhibit under 37 C.F.R. § 42.104(c), and based upon...more

Choose Your Battles Before the PTAB – 49 Basis Is Just Too Many!

Canon Inc. v. Intellectual Ventures I LLC - In a combined decision of three inter partes review (IPR) proceedings issued by the Patent Trial and Appeal Board (PTAB or Board), the Board declined institution inter partes...more

PTAB Declines to Institute Follow-On Petition for Inter Partes Review Based on "New" Reference

In January 2013, Petitioner IBS filed a petition for IPR. Five months later, IBS filed a second petition for IPR on the same patent claims. The follow-on petition relied on art from the first petition and other prior art,...more

Watchdogs Petition SEC to Strengthen Prohibitions Against Impeding Complaints to SEC

On July 18, 2014, a coalition of plaintiff-side lawyers and government watchdog groups proposed ways to strengthen the SEC whistleblower program in two petitions filed with the SEC. The groups urged the SEC to update Rule...more

Money Transmission Act Petition Withdrawn/Initiative Would Presume Harm For Release Of “Personally Identifying Information”

Money Transmission Act Petition Withdrawn - Earlier this month, I wrote about a pending petition questioning the failure of the Department of Business Oversight to adopt regulations under the Money Transmission Act. ...more

Fast Five: Rhode Island Appellate Practice: September 2013

1. IN RHODE ISLAND, THE WRIT OF CERTIORARI IS INDEED EXTRAORDINARY. There are two distinct procedural mechanisms for obtaining review by the Rhode Island Supreme Court. The most common is the appeal, which may be...more

Supreme Court Will Review CEQA Decision From Fifth District In Wal-Mart Citizen Initiative Case

After receiving three separate petitions for review, including petitions from real parties Wal-Mart Stores, Inc. and the City of Sonora, the California Supreme Court voted unanimously on February 13, 2013 to grant review of...more

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