No. 22-604

Garth Janke v. Kathi Vidal, Under Secretary of Commerce for Intellectual Property and Director, United States Patent and Trademark Office

Lower Court: Federal Circuit
Docketed: 2022-12-30
Status: Denied
Type: Paid
Response Waived
Tags: 3d-printing gottschalk-v-benson mathematical-model parker-v-flook patent-eligibility patent-law patent-monopoly product-preemption
Latest Conference: 2023-02-17
Question Presented (from Petition)

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?

Question Presented (AI Summary)

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?

Docket Entries

2023-02-21
Petition DENIED.
2023-02-01
DISTRIBUTED for Conference of 2/17/2023.
2023-01-27
Waiver of right of respondent Vidal, Kathi to respond filed.
Main DocumentMain Document
2022-12-28
Petition for a writ of certiorari filed. (Response due January 30, 2023)
PetitionAppendixCertificate of Word CountProof of ServicePetitionAppendixCertificate of Word CountProof of Service

Attorneys

Garth Janke
Garth Janke — Petitioner
Vidal, Kathi
Elizabeth B. Prelogar — Solicitor General, Respondent