| No. 18-916 | |
| Title: | Thryv, Inc., fka Dex Media, Inc., Petitioner v. Click-To-Call Technologies, LP, et al. |
| Docketed: | January 15, 2019 |
| Linked with 18A485 | |
| Lower Ct: | United States Court of Appeals for the Federal Circuit |
| Case Numbers: | (2015-1242) |
| Decision Date: | August 16, 2018 |
| Questions Presented | |
| Date | Proceedings and Orders |
| Oct 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. |
| Main DocumentLower Court Orders/OpinionsProof of Service | |
| Nov 07 2018 | Application (18A485) granted by The Chief Justice extending the time to file until December 14, 2018. |
| Nov 19 2018 | Application (18A485) to extend further the time from December 14, 2018 to January 11, 2019, submitted to The Chief Justice. |
| Written RequestProof of Service | |
| Nov 20 2018 | Application (18A485) granted by The Chief Justice extending the time to file until January 11, 2019. |
| Jan 11 2019 | Petition for a writ of certiorari filed. (Response due February 14, 2019) |
| PetitionProof of ServiceCertificate of Word Count | |
| Feb 06 2019 | Motion to extend the time to file a response from February 14, 2019 to March 18, 2019, submitted to The Clerk. |
| Main Document | |
| Feb 06 2019 | Motion to extend the time to file a response from February 14, 2019 to April 1, 2019, submitted to The Clerk. |
| Main Document | |
| Feb 07 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. |
| Feb 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. |
| Feb 13 2019 | Brief amicus curiae of Frontier Communications Corporation filed. |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Feb 13 2019 | Brief amicus curiae of The Association for Accessible Medicines filed. |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Feb 14 2019 | Brief amicus curiae of Superior Communications, Inc. filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Mar 18 2019 | Motion to extend the time to file a response from April 1, 2019 to May 1, 2019, submitted to The Clerk. |
| Main Document | |
| Mar 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. |
| Mar 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. |
| Main Document | |
| Mar 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 01 2019 | Brief of Federal Respondent in opposition filed. |
| Main DocumentProof of Service | |
| May 08 2019 | Brief of respondent Click-To-Call Technologies, LP in opposition filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| May 17 2019 | Reply of petitioner Dex Media, Inc., filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| May 21 2019 | DISTRIBUTED for Conference of 6/6/2019. |
| May 28 2019 | Rescheduled. |
| May 28 2019 | DISTRIBUTED for Conference of 6/13/2019. |
| Jun 17 2019 | DISTRIBUTED for Conference of 6/20/2019. |
| Jun 24 2019 | Petition GRANTED limited to Question 1 presented by the petition. |
| Jul 09 2019 | Joint motion for an extension of time to file the briefs on the merits filed. |
| Main Document | |
| Jul 09 2019 | Motion to dispense with printing the joint appendix filed by petitioner Dex Media, Inc. |
| Main DocumentProof of Service | |
| Jul 09 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. |
| Jul 29 2019 | Blanket Consent filed by Petitioner, Dex Media, Inc. |
| Blanket Consent | |
| Jul 29 2019 | Notice of change of entity name of Dex Media, Inc. filed. |
| Main Document | |
| Aug 13 2019 | Blanket Consent filed by Respondent, Click-To-Call Technologies, LP,, et al. |
| Blanket Consent | |
| Aug 16 2019 | Joint motion for a further extension of time to file the briefs on the merits filed. |
| Main Document | |
| Aug 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. |
| Aug 23 2019 | Motion to dispense with printing the joint appendix filed by petitioner GRANTED. |
| Sep 03 2019 | Brief of Federal Respondent supporting reversal filed. |
| Main DocumentProof of Service | |
| Sep 03 2019 | Brief of petitioner Thryv, Inc., fka Dex Media, Inc. filed. |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Sep 09 2019 | Brief amicus curiae of Federal Circuit Bar Association in support of neither party filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Sep 10 2019 | Brief amicus curiae of PTAB Bar Association in support of neither party filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Sep 10 2019 | Brief amicus curiae of Atlanta Gas Light Company filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Sep 10 2019 | Brief amicus curiae of Intel Corporation filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Sep 10 2019 | Brief amici curiae of ON Semiconductor Corporation, et al. filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Sep 10 2019 | Brief amicus curiae of Superior Communications, Inc. filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Sep 10 2019 | Brief amicus curiae of American Intellectual Property Law Association in support of neither party filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Sep 10 2019 | Brief amici curiae of AARP and AARP Foundation filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Sep 13 2019 | SET FOR ARGUMENT on Monday, December 9, 2019. VIDED. |
| Sep 13 2019 | Motion for divided argument filed by the Solicitor General. |
| Proof of ServiceMain Document | |
| Oct 18 2019 | Brief amicus curiae of New York Intellectual Property Law Association filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Oct 23 2019 | Record requested from the U.S.C.A. Federal Circuit. |
| Oct 25 2019 | CIRCULATED |
| Oct 28 2019 | Brief of respondent Click-To-Call Technologies, LP filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Nov 01 2019 | Record from the U.S.C.A. Federal Circuit is electronic and located on Pacer, with the exception of 1 enevelope of confidential documents. |
| Nov 04 2019 | Amicus brief of Pharmaceutical Research and Manufacturers of America not accepted for filing. (November 04, 2019 - Corrected version submitted). |
| Nov 04 2019 | Brief amicus curiae of Pharmaceutical Research and Manufacturers of America filed. (November 4, 2019) (Distributed) |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Nov 04 2019 | Brief amicus curiae of Biotechnology Innovation Organization filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Nov 04 2019 | Brief amicus curiae of Professor Stephen I. Vladeck filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Nov 04 2019 | Brief amici curiae of Professors of Patent and Administrative Law filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Nov 04 2019 | Brief amicus curiae of Power Integrations, Inc. filed. (Distributed) |
| Main DocumentCertificate of Word Count | |
| Nov 12 2019 | Motion for divided argument filed by respondent GRANTED. |
| Nov 15 2019 | Letter from counsel for amici Professors of Patent and Administrative Law notifying Clerk of receipt of consent from all parties to the filing of an amicus brief filed. |
| Main DocumentOther | |
| Nov 26 2019 | Reply of petitioner Thryv, Inc., fka Dex Media, Inc. filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Nov 27 2019 | Reply of respondent Federal Respondent filed. (Distributed) |
| Certificate of Word CountMain Document | |
| Dec 09 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. |
| Apr 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 |
| NAME | ADDRESS | PHONE |
| Attorneys for Petitioner | ||
| Adam Howard Charnes Counsel of Record | Kilpatrick Townsend 2001 Ross Avenue, Suite 4400 Dallas, TX 75201 acharnes@kilpatricktownsend.com | 214-922-7106 |
| Party name: Thryv, Inc., fka Dex Media, Inc. | ||
| Attorneys for Respondents | ||
| Noel J. Francisco Counsel of Record | Solicitor General United States Department of Justice 950 Pennsylvania Avenue, NW Washington, DC 20530-0001 SupremeCtBriefs@USDOJ.gov | 202-514-2217 |
| Party name: Federal Respondent | ||
| Daniel L. Geyser Counsel of Record | Geyser P.C. One Energy Square 4925 Greenville Ave., Ste. 200 Dallas, TX 75206 daniel.geyser@geyserpc.com | 214-800-2660 |
| Party name: Click-To-Call Technologies, LP,, et al. | ||
| Other | ||
| Jeffrey S. Bucholtz Counsel of Record | King & Spalding LLP 1700 Pennsylvania Avenue, NW Washington, DC 20006 jbucholtz@kslaw.com | 202-737-0500 |
| Party name: Atlanta Gas Light Company | ||
| Joseph Carl Cecere Counsel of Record | Cecere, PC 6035 McCommas Blvd. Dallas, TX 75206 ccecere@cecerepc.com | 469-600-9455 |
| Party name: Professor Stephen I. Vladeck | ||
| Paul R. Garcia Counsel of Record | Frontier Communications Corporation 401 Merritt Seven Norwalk, CT 06851 Paul.Garcia@ftr.com | 203-614-5214 |
| Party name: Frontier Communications Corporation | ||
| Jonathan Alan Herstoff Counsel of Record | Haug Partners LLP 745 Fifth Avenue New York, NY 10151 jherstoff@haugpartners.com | 212-588-0800 |
| Party name: Professors of Patent and Administrative Law | ||
| Andrew Martin Jacobs | Snell & Wilmer LLP One South Church Avenue 400 East Van Buren Street, Ste. Phoenix, AZ 85004-2202 ajacobs@swlaw.com | 602-382-6000 |
| Party name: Superior Communications, Inc. | ||
| Barbara A. Jones Counsel of Record | AARP Foundation 601 E Street, NW Washington, DC 20049 bjones@aarp.org | 2024346091 |
| Party name: AARP and AARP Foundation | ||
| Scott Ethan Kamholz Counsel of Record | Covington & Burling LLP One CityCenter 850 Tenth Street, N.W. Washington, DC 20001 skamholz@cov.com | 202-662-5339 |
| Party name: Pharmaceutical Research and Manufacturers of America | ||
| Naresh Kilaru Counsel of Record | Finnegan, Henderson, Farabow, Garrett & Dunner LLC 901 New York Avenue NW Washington, DC 20001 naresh.kilaru@finnegan.com | 2024084000 |
| Party name: Federal Circuit Bar Association | ||
| Sydney M. Leach Counsel of Record | Snell & Wilmer One Arizona Center 400 East Van Buren, Suite 1900 Phoenix, AZ 85004-2202 sleach@swlaw.com | (602) 382 6372 |
| Party name: Superior Communications, Inc. | ||
| Erick Joseph Palmer Counsel of Record | Mayer Brown LLP 71 South Wacker Drive Chicago, IL 60606 ejpalmer@mayerbrown.com | 3127018352 |
| Party name: American Intellectual Property Law Association | ||
| William A. Rakoczy Counsel of Record | RAKOCZY MOLINO MAZZOCHI SIWIK LLP 6 West Hubbard St. Suite 500 Chicago, IL 60654 wrakoczy@rmmslegal.com | 312-527-2157 |
| Party name: The Association for Accessible Medicines | ||
| Irena Royzman Counsel of Record | Kramer Levin Naftalis & Frankel LLP 1177 Avenue of the Americas New York, NY 10036 iroyzman@kramerlevin.com | (212) 715-9152 |
| Party name: New York Intellectual Property Law Association | ||
| Amy Mason Saharia Counsel of Record | Williams & Connolly LLP 725 Twelfth Street NW Washington, DC 20005 asaharia@wc.com | 2024345847 |
| Party name: Biotechnology Innovation Organization | ||
| Alexandra Anastasia Ekaterina Shapiro Counsel of Record | Shapiro Arato Bach LLP 500 Fifth Avenue 40th Floor New York, NY 10110 ashapiro@shapiroarato.com | 212 257-4880 |
| Party name: Power Integrations, Inc. | ||
| Kathleen Marie Sullivan Counsel of Record | Quinn Emanuel Urquhart & Sullivan, LLP 51 Madison Ave., 22nd Floor New York, NY 10010 kathleensullivan@quinnemanuel.com | (212) 849-7000 |
| Party name: ON Semiconductor Corporation, Semiconductor Components Industries, LLC, Fairchild Semiconductor International, Inc. | ||
| Adam G. Unikowsky Counsel of Record | Jenner & Block LLP 1099 New York Avenue, NW Suite 900 Washington, DC 20001 AUnikowsky@jenner.com | 202-639-6041 |
| Party name: PTAB Bar Association | ||
| Donald B. Verrilli Jr. Counsel of Record | Munger, Tolles & Olson LLP 1155 F Streeet NW 7th Floor Washington, DC 20004 donald.verrilli@mto.com | 202-220-1100 |
| Party name: Intel Corporation | ||