No. 21-6050

James Bongiorno v. Drew Hirshfeld, Acting Under Secretary of Commerce for Intellectual Property and Director, United States Patent and Trademark Office

Lower Court: Federal Circuit
Docketed: 2021-10-21
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: abstract-idea cantrell-v-wallick electronic-unit functional-improvement hardware-structures machine machine-patent patent-eligibility section-101
Key Terms:
Antitrust Patent
Latest Conference: 2022-01-14 (distributed 2 times)
Question Presented (AI Summary)

Whether a new and non-obvious 'dedicated electronic unit' with new hardware structures including a plurality of 'special function buttons' is a patentable 'machine'

Question Presented (OCR Extract)

questions presented are: | 1. Whether a new and non-obvious “dedicated | electronic unit’ with new hardware structures } including a plurality of “special function buttons [to] ) enable the user to more easily navigate through the software” (App. 73a), which “increase its usefulness,” and its “effectiveness,” is a patentable “machine” in accordance with Cantrell v. Wallick, 117 U.S. 689, 694 (1886). 2. Whether presumptive patent-eligibly of a “new and useful improvement” to a “machine” under section 101 is eviscerated because the analog of the mechanical functionality provided by the physical “machine” components (e.g., the “function buttons”) and the corresponding software functionality of the “dedicated electronic unit’? can be programmed to operate in a similar manner using the touch screen of a “generic computer.” ii

Docket Entries

2022-01-18
Petition DENIED.
2021-12-30
DISTRIBUTED for Conference of 1/14/2022.
2021-12-27
Petitioner complied with order of December 6, 2021.
2021-12-06
The motion of petitioner for leave to proceed in forma pauperis is denied. Petitioner is allowed until December 27, 2021, within which to pay the docketing fee required by Rule 38(a) and to submit a petition in compliance with Rule 33.1 of the Rules of this Court.
2021-11-17
DISTRIBUTED for Conference of 12/3/2021.
2021-11-15
Waiver of right of respondent Hirshfeld, Drew to respond filed.
2021-11-05
Blanket Consent filed by Petitioner, James Bongiorno
2021-10-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 22, 2021)

Attorneys

Hirshfeld, Drew
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent
James Bongiorno
James Bongiorno — Petitioner
James Bongiorno — Petitioner