Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
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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.
Date | Proceedings and Orders |
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Mar 18 2022 | Petition for a writ of certiorari filed. (Response due April 21, 2022) |
Apr 13 2022 | Waiver of right of respondent Polar Electro Oy, et al. to respond filed. |
Apr 20 2022 | DISTRIBUTED for Conference of 5/12/2022. |
Apr 21 2022 | Brief amici curiae of Chicago Patent Attorneys filed. (Distributed) |
Apr 27 2022 | Response Requested. (Due May 27, 2022) |
May 17 2022 | Motion to extend the time to file a response from May 27, 2022 to June 27, 2022, submitted to The Clerk. |
May 18 2022 | Motion to extend the time to file a response is granted and the time is extended to and including June 27, 2022. |
Jun 27 2022 | Brief of respondents Polar Electro Oy, et al. in opposition filed. |
Jul 11 2022 | Reply of petitioner Interactive Wearables, LLC filed. (Distributed) |
Jul 13 2022 | DISTRIBUTED for Conference of 9/28/2022. |
Oct 03 2022 | The Solicitor General is invited to file a brief in this case expressing the views of the United States. |