One thing is certain, the Supreme Court's ruling will have a significant impact on a patent owner's ability to
seek appellate review of a PTAB decision to institute an IPR proceeding.
But some lower courts have found that to be an improper avenue for
seeking appellate review of a class certification decision.
Not exact matches
However, a court may reduce (modify) to include any of the requirements relating to probation and community control, a legal sentence imposed by it within 60 days of its imposition; after the receipt by the court of a mandate issued by the
appellate court upon affirmance of the judgment and / or sentence upon an original appeal; after receipt by the court of a certified copy of an order of the
appellate court dismissing an original appeal from the judgment and / or sentence; or if further
appellate review is
sought in a higher court or in successively higher courts, after the highest state or federal court to which a timely appeal has been taken under authority of law, or when a petition for certiorari has been timely filed under authority of law, has written an order of affirmance or an order dismissing the appeal and / or denying certiorari.
Conventional wisdom in most jurisdictions holds that unless the intermediate
appellate court's decision was published with a dissent, it's not worth
seeking Supreme Court
review.
The
appellate court also noted Augmentation's failure to implement the utilization -
review process or
seek judicial
review.
Defendant
sought review with the Florida
appellate court.
In response to the decision, Singer's
appellate attorney, Jeremy Rosen, said, «We disagree with the Court of Appeal's decision permitting Mr. Singer to be named as a party, and are exploring all legal options, including whether to
seek Supreme Court
review.
The decision by the Supreme Court to
review the 6th Circuit decision is a big setback for the Obama administration, which has
sought to keep the litigation in the
appellate court and avoid fights in district courts that might be more sympathetic to challengers of the rule.