Garth Janke v. Kathi Vidal, Under Secretary of Commerce for Intellectual Property and Director, United States Patent and Trademark Office
Antitrust Patent Trademark
Can a known patentable product become ineligible for patenting when it is claimed to be made by applying a mathematical model of the product on a 3D printer?
QUESTIONS PRESENTED Can a known patentable product become ineligible for patenting when it is claimed to be made by applying a mathematical model of the product on a 3D printer, as no one is disputing follows from Parker v. Flook? And, can it be too much patent “monopoly” to preempt (in practical effect) a mathematical model of a product, as no one is disputing follows from Gottschalk v. Benson, when it is known that it is not too much patent monopoly to pre-empt the real product itself? 1 The Court’s term for the exclusive rights associated with a patent. See, e.g., Alice v. CLS Bank, 573 U.S. at 216. ii RELATED CASES | Ex parte Garth Janke, No. 2021-005284, Patent Trial and Appeal Board. Decision entered November } 18, 2021. | In re: Garth Janke, No. 2022-1274, U.S. Court of Appeals for the Federal Circuit. Judgment entered October 6, 2022. . | | | | | ‘ | | | | | | |