Sanya Dhermy, an Entertainment, Arts and Sports Law J.D./LL.M. joint degree student, and Miami Law professor and Director of the Larry Hoffman/Greenberg Traurig Startup Practicum Daniel Ravicher traveled to Washington D.C. last month to meet with the United States Solicitor General’s Office to discuss a pending Supreme Court case filed by Ravicher over the summer.
In October the Supreme Court asked the U. S. for its opinion on whether Ravicher’s case should be heard and the Solicitor General, which represents the U. S. before the Court, met with the parties to discuss the case before it files a brief responding to the Court’s request.
Ravicher’s case, RPX Corporation v. ChanBond LLC, asks whether Congress can empower citizens to sue government agencies in court. Ravicher’s client had asked the U.S. Patent and Trademark Office to cancel a patent because it is invalid. The PTO refused.
Ravicher’s client appealed that decision to the Court of Appeals for the Federal Circuit, but that court dismissed the case for lack of standing because Ravicher’s client has not been accused of infringing the patent. Ravicher’s request to the Supreme Court argues the appeal should not have been dismissed because there is a specific statute in the Patent Act providing his client the right to appeal PTO decisions in patent challenges.
“I am hopeful that the government will support our petition because this could be a crucial decision that will have a significant impact on the ability of Congress to confer standing to sue government agencies for years to come,” said Ravicher. “The issue of whether Congress can create standing to sue by statute is a hot one right now, meaning the timing of our case is perfect for the Supreme Court to grant certiorari.”
“I am extremely grateful to have been a part of such a unique opportunity,” said Dhermy. ”I am fortunate to have had Professor Ravicher’s mentorship throughout my education in Miami as his expertise and guidance have encouraged me to achieve my personal academic goals and successfully pursue a career in intellectual property and technology law.”
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