No. 24-764

Harris Brumfield, Trustee for Ascent Trust v. IBG LLC, et al.

Lower Court: Federal Circuit
Docketed: 2025-01-17
Status: Denied
Type: Paid
Amici (2)Relisted (2)
Tags: civil-procedure diligence-requirement fraud-motion judgment-relief judicial-discretion rule-60b3
Key Terms:
Arbitration Patent Jurisdiction
Latest Conference: 2025-06-12 (distributed 2 times)
Question Presented (AI Summary)

Whether the lower courts abused their discretion by denying the meritorious Rule 60(b)(3) motion, and whether Rule 60(b)(3) requires a showing that a moving party was diligent in uncovering fraud, misrepresentation, or misconduct to obtain relief from a judgment?

Question Presented (OCR Extract)

is: Whether the lower courts abused their discretion by denying the meritorious Rule 60(b)(3) motion, and whether Rule 60(b)(3) requires a showing that a moving party was diligent in uncovering fraud, misrepresentation, or misconduct to obtain relief from a judgment? 2. The three categorical judicial exceptions to patent eligibility that are further defined by the two step Alice/Mayo1 test impose limitations to eligibility that are inconsistent with the text of 35 U.S.C. § 101 of the 1952 Patent Act. These limitations are 1 Alice Corp. Pty. Ltd. v. CLS Bank Int’l , 573 U.S. 208 (2014); Mayo Collaborative Servs. v. Prometheus Lab’ys, Inc. , 566 U.S. 66 (2012). ii completely untethered from the statute and have swallowed the intended rule of broad patent eligibility itself. The second question presented is: Whether this Court’s three categorical judicial exceptions to patent eligibility that are further defined by the two -step Alice/Mayo test impose limitations on patent eligibility that are inconsistent with the text of 35 U.S.C. § 101 of the Patent Act of 1952? 3. The Federal Circuit routinely and improperly affirms lower courts that resolve eligibility questions at the summary judgment stage even when there are disputed issues of material fact . The Federal Circuit did so here in ignoring over 800 -pages of evidence that created a material factual dispute as to whether the patents were patent eligible. The Federal Circuit also routinely decides issues that were never appealed or ruled on below. It did so here by ruling on a new issue sua sponte . The third question presented is: Whether this Court’s supervisory authority is needed to correct the Federal Circuit’s improper (1) application of Rule 56 to patent cases and (2) practice of deciding issues that were never argued or briefed on appeal?

Docket Entries

2025-06-16
Rehearing DENIED.
2025-05-27
DISTRIBUTED for Conference of 6/12/2025.
2025-05-16
2025-05-16
Petition of Harris Brumfield, Trustee for Ascent Trust for rehearing submitted.
2025-04-21
Petition DENIED.
2025-04-15
Reply of petitioner Harris Brumfield, Trustee for Ascent Trust filed. (Distributed)
2025-04-14
Reply of Harris Brumfield, Trustee for Ascent Trust submitted.
2025-03-26
DISTRIBUTED for Conference of 4/17/2025.
2025-03-12
Brief of IBG LLC, et al. in opposition submitted.
2025-03-12
2025-02-21
Amicus brief of Audio Evolution Diagnostics, Inc. submitted.
2025-02-18
2025-02-11
2025-02-11
Amicus brief of Island Intellectual Property LLC submitted.
2025-01-24
Motion to extend the time to file a response is granted and the time is extended to and including March 20, 2025.
2025-01-23
Motion to extend the time to file a response from February 18, 2025 to March 20, 2025, submitted to The Clerk.
2025-01-23
Motion of IBG LLC, et al. for an extension of time submitted.
2025-01-02
Petition for a writ of certiorari filed. (Response due February 18, 2025)
2024-10-04
Respondent's Partial Opposition to Petitioner's Application To Extend Time filed.
2024-10-03
Application (24A324) granted by The Chief Justice extending the time to file until January 2, 2025.
2024-10-01
Application (24A324) to extend the time to file a petition for a writ of certiorari from November 3, 2024 to January 2, 2025, submitted to The Chief Justice.

Attorneys

Audio Evolution Diagnostics, Inc.
Peter Joseph Corcoran IIICorcoran IP Law PLLC, Amicus
Harris Brumfield, Trustee for Ascent Trust
Michael David GannonBaker & Hostetler LLP, Petitioner
IBG LLC, et al.
Steffen Nathanael JohnsonWilson Sonsini Goodrich & Rosati, Respondent
Island Intellectual Property LLC
Charles Robert MacedoAmster, Rothstein & Ebenstein LLP, Amicus