No. 19-353

Trading Technologies International, Inc. v. IBG LLC, et al.

Lower Court: Federal Circuit
Docketed: 2019-09-18
Status: Denied
Type: Paid
Amici (2)Response Waived Experienced Counsel
Tags: abstract-idea civil-procedure computer-implemented-invention computer-implemented-inventions federal-circuit innovation patent-act patent-act-1952 patent-eligibility standing
Key Terms:
Patent Trademark
Latest Conference: 2020-01-24
Question Presented (AI Summary)

Whether computer-implemented inventions that provide useful user functionality but do not improve the basic functions of the computer itself are categorically ineligible for patent protection

Question Presented (OCR Extract)

QUESTION PRESENTED In Alice Corp. Pty. Ltd. v. CLS Bank International, 573 U.S. 208 (2014), the Court declined once again to define the scope of the “abstract idea” exception to patent eligibility created by this Court. It did, however, assume that claims that “purport to improve the functioning of the computer itself” would be patent eligible. Here, a panel of the Federal Circuit held, in conflict with other panel decisions, that inventions providing useful functionality to users, but without improving the basic functions of the computer itself in a manner akin to improved hardware, are directed to abstract ideas and therefore patent ineligible. Accordingly, the questions presented are: 1. Whether inventions that provide useful user functionality but do not improve the basic functions of the computer itself are categorically ineligible for patent protection. 2. Whether the Court should overrule its precedents recognizing the “abstract idea” exception to patent eligibility under the Patent Act of 1952.

Docket Entries

2020-01-27
Petition DENIED.
2020-01-08
DISTRIBUTED for Conference of 1/24/2020.
2020-01-06
Reply of petitioner Trading Technologies International, Inc. filed.
2019-12-18
Brief of respondent United States in opposition filed.
2019-11-14
Motion to extend the time to file a response is granted and the time is further extended to and including December 18, 2019, for all respondents.
2019-11-12
Motion of the Solicitor General to extend the time to file a response from November 18, 2019 to December 18, 2019, submitted to The Clerk.
2019-10-18
Brief amicus curiae of US Inventor filed.
2019-10-18
Brief amicus curiae of IGT filed. (November 1, 2019 -- Corrected version submitted)
2019-10-11
Waiver of right of respondents IBG LLC and Interactive Brokers LLC to respond filed.
2019-10-09
Motion to extend the time to file a response is granted and the time is extended to and including November 18, 2019, for all respondents.
2019-10-08
Motion of the Solicitor General to extend the time to file a response from October 18, 2019 to November 18, 2019, submitted to The Clerk.
2019-09-16
Petition for a writ of certiorari filed. (Response due October 18, 2019)
2019-07-15
Application (19A61) granted by The Chief Justice extending the time to file until September 15, 2019.
2019-07-05
Application (19A61) to extend the time to file a petition for a writ of certiorari from July 17, 2019 to September 15, 2019, submitted to The Chief Justice.

Attorneys

IBG LLC and Interactive Brokers LLC
Robert Evan SokohlSterne, Kessler, Goldstein & Fox P.L.L.C, Respondent
IGT
Todd Parker BlakelySheridan Ross P.C., Amicus
Trading Technologies International, Inc.
Andrew Michael GrossmanBaker & Hostetler LLP, Petitioner
united states
Noel J. FranciscoSolicitor General, Amicus
US Inventor
Matthew James DowdDowd Scheffel PLLC, Amicus