No. 21-812

WhitServe LLC v. Dropbox, Inc.

Lower Court: Federal Circuit
Docketed: 2021-12-01
Status: Denied
Type: Paid
Response Waived
Tags: 35-usc-101 enablement patent-eligibility person-having-ordinary-skill-in-the-art presumption-of-validity rule-12(b)(6) rule-12b6 section-101 technological-improvement
Key Terms:
DueProcess Patent Privacy JusticiabilityDoctri
Latest Conference: 2022-01-07
Question Presented (AI Summary)

If a patentee makes factual assertions and provides supporting evidence that its claimed invention is directed to patent-eligible subject matter under 35 U.S.C. § 101, is a court permitted to overlook the patentee's assertions and evidence, provide no opportunity for a hearing, ignore the perspective of a person having ordinary skill in the art at the time of the invention, find that the claimed invention is directed to patentineligible subject matter, and dismiss the patentee's complaint with prejudice despite the requirements of Rule 12(b)(6) and the statutory presumption of § 282(a)?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. If a patentee makes factual assertions and provides supporting evidence that its claimed invention is directed to patent-eligible subject matter under 35 U.S.C. § 101, is a court permitted to overlook the patentee’s assertions and evidence, provide no opportunity for a hearing, ignore the perspective of a person having ordinary skill in the art at the time of the invention, find that the claimed invention is directed to patentineligible subject matter, and dismiss the patentee’s complaint with prejudice despite the requirements of Rule 12(b)(6) and the statutory presumption of § 282(a)? 2. Whether 35 U.S.C. § 101 requires a patent specification to explain the technological processes underlying the purported technological improvement in a patent claim, or if this encroaches on the enablement test under 35 U.S.C. § 112?

Docket Entries

2022-01-10
Petition DENIED.
2021-12-22
DISTRIBUTED for Conference of 1/7/2022.
2021-12-20
Waiver of right of respondent Dropbox, Inc. to respond filed.
2021-11-24
Petition for a writ of certiorari filed. (Response due January 3, 2022)

Attorneys

Dropbox, Inc.
Gregory Hayes LantierWilmer Cutler Pickering, Respondent
Gregory Hayes LantierWilmer Cutler Pickering, Respondent
Whitserve LLC
Michael Joseph KosmaWhitmyer IP Group LLC, Petitioner
Michael Joseph KosmaWhitmyer IP Group LLC, Petitioner