CIPSC 2019 Law Student Writing Competition
Topic: 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.
1st Place - $1,000 and opportunity to publish and/or present at CIPSC 2019.
Description: The Supreme Court recently granted a petition for writ of certiorari in Dex Media Inc. v. Click-To-Call Technologies, LP to consider “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.” Previously, the Federal Circuit in applying the majority en banc opinion from WiFi One held that § 314(d) does not remove such questions from Federal Circuit review. In your response, explain why the Supreme Court should or should not reverse the Federal Circuit’s interpretation of § 314(d). The best responses—in addition to discussing the underlying precedent and briefing—will be those that include original arguments and analysis not previously addressed.
Eligibility: Current law students (JD or LLM) or 2019 graduates from ABA-accredited law schools.
Submission Rules: Contestants enter by completing the Essay Submission Form. By participating, contestants agree to comply with all Contest Rules. Submissions should be between 2,500 and 5,000 words in length, well-sourced, and use footnotes and Bluebook format. The deadline for entry is October 15, 2019. Papers received after the deadline may be considered at Unified's discretion.