No. 18-770

Webtrends, Inc. v. Andrei Iancu, Director, Patent and Trademark Office

Lower Court: Federal Circuit
Docketed: 2018-12-18
Status: Denied
Type: Paid
Response Waived
Tags: 35-usc-101 abstract-idea alice-test claim-rejection federal-court patent patent-claims prior-art standing uspto
Key Terms:
AdministrativeLaw Antitrust CriminalProcedure Securities Trademark Patent
Latest Conference: 2019-02-15
Question Presented (AI Summary)

Whether the USPTO or a Federal Court can declare 20 patent claims to be directed to an unpatentable abstract idea without carrying out the Alice two-part test, without offering evidence or analysis to support the claim rejections, without considering the lumitations of even a single claim, and despite finding and citing no relevant prior art that would support either a 35 U.S.C. §102 or 35 U.S.C, §108 rejection of even a single claim?

Question Presented (OCR Extract)

QUESTION PRESENTED Whether the USPTO or a Federal Court can declare 20 patent claims to be directed to an unpatentable abstract idea without carrying out the Alice two-part test, without offering evidence or analysis to support the claim rejections, without considering the lumitations of even a single claim, and despite finding and citing no relevant prior art that would support either a 35 U.S.C. §102 or 35 U.S.C, §108 rejection of even a single claim?

Docket Entries

2019-02-19
Petition DENIED.
2019-01-16
DISTRIBUTED for Conference of 2/15/2019.
2019-01-09
Waiver of right of respondent Andrei Iancu, Director, United States Patent and Trademark Office to respond filed.
2019-01-07
Waiver of right of respondent Andrei Iancu, Director, United States Patent and Trademark Office to respond filed.
2018-10-19
Petition for a writ of certiorari filed. (Response due January 17, 2019)

Attorneys

Andrei Iancu, Director, United States Patent and Trademark Office
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent
Webtrends, Inc.
Robert W. BergstromOlympic Patent Work PLLC, Petitioner
Robert W. BergstromOlympic Patent Work PLLC, Petitioner