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Interactive Wearables, LLC v. Polar Electro Oy

Pending petition
Docket No. Op. Below Argument Opinion Vote Author Term
21-1281 Fed. Cir. TBD TBD TBD TBD TBD

Issues: (1) What the appropriate standard is for determining whether a patent claim is “directed to” a patent-ineligible concept under step one of the Supreme Court’s two-step framework for determining whether an invention is eligible for patenting under 35 U.S.C. § 101; (2) whether patent eligibility (at each step of the Supreme Court’s two-step framework) is a question of law for the court based on the scope of the claims or a question of fact for the jury based on the state of art at the time of the patent; and (3) whether it is proper to apply 35 U.S.C. § 112 considerations to determine whether a patent claims eligible subject matter under 35 U.S.C. § 101.

DateProceedings and Orders (key to color coding)
Mar 18 2022Petition for a writ of certiorari filed. (Response due April 21, 2022)
Apr 13 2022Waiver of right of respondent Polar Electro Oy, et al. to respond filed.
Apr 20 2022DISTRIBUTED for Conference of 5/12/2022.
Apr 21 2022Brief amici curiae of Chicago Patent Attorneys filed. (Distributed)
Apr 27 2022Response Requested. (Due May 27, 2022)
May 17 2022Motion to extend the time to file a response from May 27, 2022 to June 27, 2022, submitted to The Clerk.
May 18 2022Motion to extend the time to file a response is granted and the time is extended to and including June 27, 2022.
Jun 27 2022Brief of respondents Polar Electro Oy, et al. in opposition filed.
Jul 11 2022Reply of petitioner Interactive Wearables, LLC filed. (Distributed)
Jul 13 2022DISTRIBUTED for Conference of 9/28/2022.
Oct 03 2022The Solicitor General is invited to file a brief in this case expressing the views of the United States.