No. 21-1281

Interactive Wearables, LLC v. Polar Electro Oy, et al.

Lower Court: Federal Circuit
Docketed: 2022-03-22
Status: Denied
Type: Paid
CVSGAmici (1)Response RequestedResponse WaivedRelisted (3) Experienced Counsel
Tags: 35-usc-101 abstract-idea claim-construction enablement judicial-exceptions legal-standard patent-eligibility patent-subject-matter section-101 two-step-framework
Key Terms:
Patent
Latest Conference: 2023-05-11 (distributed 3 times)
Question Presented (AI Summary)

What is the appropriate standard for determining whether a patent claim is 'directed to' a patent-ineligible concept under step one of the Court's two-step framework for determining whether an invention is eligible for patenting under 35 U.S.C. § 101?

Question Presented (OCR Extract)

QUESTIONS PRESENTED The patents-in-suit are directed to an electronic hardware device comprising a content combination having numerous concretely-recited components that undisputedly qualifies as a “machine” or “manufacture” under the statutory language of 35 U.S.C. § 101. Nevertheless, the court below found the claims of the patents-in-suit invalid under Section 101, on a motion to dismiss, for claiming nothing more than the abstract idea of “providing information in conjunction with media content.” As a justification for disregarding each recited structural component from its characterization of what the claims are “directed to,” the court resorted to a factual, enablement-style analysis of the level of detail in the specification and declared it insufficient to support patentability. The questions presented are: 1. What is the appropriate standard for determining whether a patent claim is “directed to” a patent-ineligible concept under step one of the Court’s two-step framework for determining whether an invention is eligible for patenting under 35 U.S.C. § 101? 2. Is patent eligibility (at each step of the Court’s two-step framework) a question of law for the court based on the scope of the claims or a question of fact for the jury based on the state of art at the time of the patent? 3. Is it proper to apply 35 U.S.C. §112 considerations to determine whether a patent claims eligible subject matter under 35 U.S.C. § 101?

Docket Entries

2023-05-15
Petition DENIED. Justice Kavanaugh would grant the petition for a writ of certiorari.
2023-04-19
DISTRIBUTED for Conference of 5/11/2023.
2023-04-19
Supplemental brief of petitioner Interactive Wearables, LLC filed. (Distributed)
2023-04-19
Supplemental brief of respondents Polar Electro Oy, et al. filed. (Distributed)
2022-10-03
The Solicitor General is invited to file a brief in this case expressing the views of the United States.
2022-07-13
DISTRIBUTED for Conference of 9/28/2022.
2022-07-11
Reply of petitioner Interactive Wearables, LLC filed. (Distributed)
2022-06-27
Brief of respondents Polar Electro Oy, et al. in opposition filed.
2022-05-18
Motion to extend the time to file a response is granted and the time is extended to and including June 27, 2022.
2022-05-17
Motion to extend the time to file a response from May 27, 2022 to June 27, 2022, submitted to The Clerk.
2022-04-27
Response Requested. (Due May 27, 2022)
2022-04-21
Brief amici curiae of Chicago Patent Attorneys filed. (Distributed)
2022-04-20
DISTRIBUTED for Conference of 5/12/2022.
2022-04-13
Waiver of right of respondent Polar Electro Oy, et al. to respond filed.
2022-03-18
Petition for a writ of certiorari filed. (Response due April 21, 2022)

Attorneys

Interactive Wearables, LLC
Jeffrey B. WallSullivan & Cromwell LLP, Petitioner
Andrea PacelliKing & Wood Mallesons LLP, Petitioner
Polar Electro Oy, et al.
Anthony James FugaHolland & Knight LLP, Respondent
The Chicago Patent Attorneys
Kevin Edward NoonanMcDonnell Boehnen Hulbert & Berghoff LLP, Amicus
United States
Elizabeth B. PrelogarSolicitor General, Amicus