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Interactive Wearables, LLC v. Polar Electro Oy

Petition for certiorari denied on May 15, 2023

Docket No. Op. Below Argument Opinion Vote Author Term
21-1281 Fed. Cir. N/A N/A N/A N/A OT 2022

Issue: (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)
03/18/2022Petition for a writ of certiorari filed. (Response due April 21, 2022)
04/13/2022Waiver of right of respondent Polar Electro Oy, et al. to respond filed.
04/20/2022DISTRIBUTED for Conference of 5/12/2022.
04/21/2022Brief amici curiae of Chicago Patent Attorneys filed. (Distributed)
04/27/2022Response Requested. (Due May 27, 2022)
05/17/2022Motion to extend the time to file a response from May 27, 2022 to June 27, 2022, submitted to The Clerk.
05/18/2022Motion to extend the time to file a response is granted and the time is extended to and including June 27, 2022.
06/27/2022Brief of respondents Polar Electro Oy, et al. in opposition filed.
07/11/2022Reply of petitioner Interactive Wearables, LLC filed. (Distributed)
07/13/2022DISTRIBUTED for Conference of 9/28/2022.
10/03/2022The Solicitor General is invited to file a brief in this case expressing the views of the United States.
04/05/2023Brief amicus curiae of United States filed. VIDED.
04/19/2023DISTRIBUTED for Conference of 5/11/2023.
04/19/2023Supplemental brief of petitioner Interactive Wearables, LLC filed. (Distributed)
04/19/2023Supplemental brief of respondents Polar Electro Oy, et al. filed. (Distributed)
05/15/2023Petition DENIED. Justice Kavanaugh would grant the petition for a writ of certiorari.