No. 21-1093

PersonalWeb Technologies LLC v. Google LLC, et al.

Lower Court: Federal Circuit
Docketed: 2022-02-07
Status: Denied
Type: Paid
Response Waived
Tags: abstract-idea alice-corp-v-cls-bank computer-implemented-invention computer-implemented-inventions federal-circuit innovation patent-eligibility patent-law technical-field
Key Terms:
AdministrativeLaw Antitrust Patent
Latest Conference: 2022-04-01
Question Presented (AI Summary)

How should courts determine whether a patent for a computer-implemented invention is patent-eligible because it 'improve[s] the functioning of the computer itself' or 'effect[s] an improvement in any other technology or technical field' under Alice?

Question Presented (from Petition)

QUESTION PRESENTED In Alice Corp. Pty. v. CLS Bank Int’l, 573 U.S. 208 (2014)—a case about the patentability of computerimplemented business methods—this Court confirmed that inventions “improvling] the functioning of the computer itself” or “effect[ing] an improvement in any other technology or technical field” remain patent-eligible. Id. at 225-226. Lower courts have not followed that instruction. Petitioner’s patents claim a novel computer file system that significantly improved fundamental computer networking operations—an improvement in a “technical field.” Yet the Federal Circuit, in a precedential decision, canceled Petitioner’s patents as being directed to a pure “abstract idea.” Petitioner is not alone. Since Alice, the Federal Circuit has found, as a matter of law and without any guiding principles, the vast majority of issued patents in the computing arts patent-ineligible. The list of inventions that the Federal Circuit has deemed categorically “abstract” has grown so large as to place a cloud of invalidity over all computer-based patents. Certiorari is needed to provide guiding principles for patent-eligibility in the computing arts, and to restore the critical incentive to innovate in this essential technological field. The question presented is: 1. How should courts determine whether a patent for a invention is patent-eligible because it “improve[s] the functioning of the computer itself” or “effect[s] an improvement in any other technology or technical field” under Alice?

Docket Entries

2022-04-04
Petition DENIED.
2022-03-16
DISTRIBUTED for Conference of 4/1/2022.
2022-02-17
Waiver of right of respondents Dell Inc. and VMware, Inc. to respond filed.
2022-02-14
Waiver of right of respondent Facebook, Inc. to respond filed.
2022-02-14
Waiver of right of respondents Google LLC and YouTube, LLC to respond filed.
2022-02-03
Petition for a writ of certiorari filed. (Response due March 9, 2022)

Attorneys

Dell Inc. and VMware, Inc.
Cynthia Dawn VreelandWilmer Cutler Pickering Hale and Dorr LLP, Respondent
Cynthia Dawn VreelandWilmer Cutler Pickering Hale and Dorr LLP, Respondent
Facebook, Inc.
Heidi Lyn KeefeCooley, LLP, Respondent
Heidi Lyn KeefeCooley, LLP, Respondent
Google LLC and YouTube, LLC
Dan L. BagatellPerkins Coie LLP, Respondent
Dan L. BagatellPerkins Coie LLP, Respondent
PersonalWeb Technologies LLC
Lawrence M. HadleyGlaser Weil Fink Howard Avchen & Shapiro, Petitioner
Lawrence M. HadleyGlaser Weil Fink Howard Avchen & Shapiro, Petitioner