No. 20-1126

Joachim Carlo Santos Martillo, et al. v. Unknown Defendants

Lower Court: Massachusetts
Docketed: 2021-02-17
Status: Denied
Type: Paid
Tags: 35-usc-145 35-usc-261 adverse-possession federal-circuit patent-application patent-ownership property-rights quiet-title standing-doctrine try-title uspto-procedure
Key Terms:
Patent Copyright Trademark JusticiabilityDoctri
Latest Conference: 2021-04-16
Question Presented (AI Summary)

Does a party asserting ownership to a patent application have a right to a state (commonwealth) action like either a Massachusetts quiet action or a Massachusetts try title action in order to resolve question of title to said patent application?

Question Presented (OCR Extract)

Questions Presented Does a party asserting ownership to a patent application have a right to a state (commonwealth) action like either a Massachusetts quiet action or a Massachusetts try title action in order to aresolve question of title to said patent application, . e if in a 35 US. Code § 145 civil action to obtain a patent, the Federal District Court denies standing to : the applicant for lack of clear title, e if the Court of Appeals for the Federal Circuit upholds the denial of standing in a Rule 36 Affirmance, and e if there are multiple possible even’ perhaps contradictory reasons for the Affirmance? . According to 35 U.S. Code § 261 a patent has “the : ; attributes of personal property.” In a_ state (commonwealth) court, does the doctrine of adverse possession apply to a patent application as this doctrine might -apply to other private or personal property like land, a car, a painting, etc.? . ; In a state (commonwealth) quiet or try title action, how ; dispositive is a finding of fact by the USPTO with respect to : ownership? 2 : List of All Parties , The known

Docket Entries

2021-04-19
Petition DENIED.
2021-03-31
DISTRIBUTED for Conference of 4/16/2021.
2021-01-25
Petition for a writ of certiorari filed. (Response due March 19, 2021)

Attorneys

Joachim Martillo
Joachim Carlo Santos Martillo — Petitioner
Joachim Carlo Santos Martillo — Petitioner