No. 20-32

Steve Morsa v. Andre Iancu, Director, United States Patent and Trademark Office

Lower Court: Federal Circuit
Docketed: 2020-07-16
Status: Denied
Type: Paid
Response WaivedRelisted (2)
Tags: 35-usc-101 abstract-idea claims-analysis federal-circuit patent patent-eligibility patent-office preemption section-101 undue-preemption
Key Terms:
Patent
Latest Conference: 2020-11-06 (distributed 2 times)
Question Presented (AI Summary)

May the Federal Circuit and Patent Office ignore this Court's seminal Cuno decision?

Question Presented (from Petition)

QUESTIONS PRESENTED This Court has held that any machine or process is eligible for patent protection under 35 U.S.C. § 101, . subject only to narrow exceptions where the patent seeks to monopolize an abstract idea or law of nature. Despite this, the Federal Circuit and Patent Office have both run ineligibility amok. First, by ignoring this Court’s seminal Cuno flash of creative genius eligibility proof; second, by ignoring Patent Office proof of no undue preemption; and third, by usurping and overruling this ’ Court’s Alice / Mayo claims analysis framework of identifying no more than one stated abstract concept to which a//the claims at issue are directed to. . Accordingly, the three questions presented are: 1. May the Federal Circuit and Patent Office ignore this Court’s seminal Cuno decision? 2. May the Federal Circuit and Patent Office ignore . Patent Office proof of no undue preemption? 3. May the Federal Circuit and Patent Office establish their own Section §101 Law? ;

Docket Entries

2020-11-09
Rehearing DENIED.
2020-10-21
DISTRIBUTED for Conference of 11/6/2020.
2020-10-13
Petition for Rehearing filed.
2020-10-05
Petition DENIED.
2020-07-29
DISTRIBUTED for Conference of 9/29/2020.
2020-07-22
Waiver of right of respondent Andre Iancu, Director, United States Patent and Trademark Office to respond filed.
2020-07-09
Petition for a writ of certiorari filed. (Response due August 17, 2020)

Attorneys

Andre Iancu, Director, United States Patent and Trademark Office
Jeffrey B. WallActing Solicitor General, Respondent
Jeffrey B. WallActing Solicitor General, Respondent
Steve Morsa
Steve Morsa — Petitioner
Steve Morsa — Petitioner