No. 22-1220

Jeffrey A. Killian v. Katherine K. Vidal, Director, United States Patent and Trademark Office

Lower Court: Federal Circuit
Docketed: 2023-06-20
Status: Denied
Type: Paid
Amici (1)Response WaivedRelisted (2)
Tags: administrative-procedure-act alice-mayo-doctrine alice-mayo-test due-process federal-circuit patent-eligibility section-101 uspto
Key Terms:
AdministrativeLaw SocialSecurity DueProcess FifthAmendment Patent Trademark JusticiabilityDoctri
Latest Conference: 2023-11-17 (distributed 2 times)
Question Presented (AI Summary)

Whether the Federal Circuit's departures from Supreme Court precedent in applying the Alice/Mayo test have enabled the USPTO to violate the Administrative Procedure Act and the Due Process Clause

Question Presented (OCR Extract)

QUESTIONS PRESENTED The present case is directed to a rejection under Title 35 U.S.C. § 101 from the United States Patent and Trademark Office (USPTO) under the Alice/Mayo doctrine. In conducting this § 101 rejection, the present record shows that the United States Patent and Trademark Office (hereinafter “the USPTO”) violated Supreme Court precedent when holding the present claims patent ineligible under the Alice/Mayo test. The questions presented by Petitioner are as follows: I. Have the numerous departures of the Supreme Court’s Alice/Mayo jurisprudence by the Court of Appeals of the Federal Circuit (hereinafter “the Federal Circuit”) enabled the USPTO to violate the Title 5 of the United States Code (hereinafter “the Administrative Procedure Act” or “the APA”) and the Due Process Clause of the Fifth Amendment of the Constitution? II. Do the exceptions created by Article III courts of Title 35 U.S.C. § 101 exceed the constitutional authority of the courts?

Docket Entries

2023-11-20
Rehearing DENIED.
2023-11-01
DISTRIBUTED for Conference of 11/17/2023.
2023-10-21
2023-10-02
Petition DENIED.
2023-09-13
Supplemental brief of petitioner Jeffrey Killian filed. (Distributed)
2023-07-17
Brief amicus curiae of US Inventor Inc. and Eagle Forum Education & Legal Defense Fund filed. (Distributed)
2023-07-05
DISTRIBUTED for Conference of 9/26/2023.
2023-06-29
Waiver of right of respondent Vidal, Kathi to respond filed.
2023-04-24
2023-03-14
Application (22A809) granted by The Chief Justice extending the time to file until April 24, 2023.
2023-03-07
Application (22A809) to extend the time to file a petition for a writ of certiorari from March 20, 2023 to April 24, 2023, submitted to The Chief Justice.

Attorneys

Jeffrey Killian
Burman York Mathis Jr.Law Office of B. Y. Mathis, Petitioner
US Inventor Inc. and Eagle Forum Education & Legal Defense Fund
Robert P. GreenspoonDunlap Bennett & Ludwig, PLLC, Amicus
Vidal, Kathi
Elizabeth B. PrelogarSolicitor General, Respondent