No. 24-806

Audio Evolution Diagnostics, Inc. v. United States, et al.

Lower Court: Federal Circuit
Docketed: 2025-01-29
Status: Denied
Type: Paid
Amici (4)Response Waived
Tags: None
Key Terms:
AdministrativeLaw DueProcess Patent Privacy
Latest Conference: 2025-06-05
Question Presented (AI Summary)

Question not identified.

Question Presented (OCR Extract)

Applying this Court’s rulings in Alice and Mayo , the U.S. Court of Federal Claims invalidated plaintiff’s patents —not for a business method or computer program —but for a new and useful machine applicable in the telemedicine industry . The Court of Federal Claims invalidated all of Audio Evolution Diagnostics, Inc. (“AED”) ’s patent claims as abstract ideas by conflating novelty and obviousness under 35 U.S.C. §§ 102 and 103 with patent eligibility under § 101. The government —plaintiff’s opponent here —has urged this Court at least twice to revisit Alice and Mayo to prevent such overreach. On appeal , the Federal Circuit affirmed the same way that it has resolve d over one -third of all patent appeals that came before it in the last two decades — with one word : “affirm ed” and a cite to Federal Circuit Rule 36 . The question s presented are: 1. Whether this Court should clarify its Alice and Mayo rulings at steps one and two by focusing on the language of 35 U.S.C. § 101 itself and differentiate patent-eligibility determinations under § 101 from factbased well-understood, routine, and conventional questions of novelty , obviousness , and enablement under §§ 102, 103, and 112 . ii 2. Whether this Court should find that the Federal Circuit is abandoning i ts role of articulating patent law precedent and bringing uniformity to patent law with its overuse of Federal Circuit Rule 36 to summarily affirm decision s of lower tribunals involving unsettled and complex issues of patent law .

Docket Entries

2025-06-06
Petition DENIED.
2025-05-20
DISTRIBUTED for Conference of 6/5/2025.
2025-05-15
2025-05-15
Reply of Audio Evolution Diagnostics, Inc. submitted.
2025-04-30
Brief of respondent United States in opposition filed.
2025-04-30
Brief of United States in opposition submitted.
2025-03-26
Waiver of right of respondent Global Media Group LLC to respond filed.
2025-03-26
Waiver of Global Media Group LLC of right to respond submitted.
2025-03-26
Motion to extend the time to file a response is granted and the time is further extended to and including April 30, 2025, for all respondents.
2025-03-24
Motion to extend the time to file a response from March 31, 2025 to April 30, 2025, submitted to The Clerk.
2025-03-24
Motion of United States for an extension of time submitted.
2025-02-28
Brief amicus curiae of Harris Brumfield, Trustee for Ascent Trust filed.
2025-02-28
Brief amicus curiae of Harris Brumfield, Trustee for Ascent Trust, filed.
2025-02-28
Amicus brief of Harris Brumfield, Trustee for Ascent Trust submitted.
2025-02-27
2025-02-27
Brief amicus curiae of Island Intellectual Property LLC filed.
2025-02-27
Amicus brief of Island Intellectual Property LLC submitted.
2025-02-25
Motion to extend the time to file a response is granted and the time is extended to and including March 31, 2025, for all respondents.
2025-02-24
Motion of Global Media Group LLC to extend the time to file a response from February 28, 2025 to March 31, 2025, submitted to The Clerk.
2025-02-24
Motion of Global Media Group LLC for an extension of time submitted.
2025-02-06
Motion to extend the time to file a response is granted and the time is extended to and including March 31, 2025.
2025-02-05
Motion to extend the time to file a response from February 28, 2025 to March 31, 2025, submitted to The Clerk.
2025-02-05
Motion of United States for an extension of time submitted.
2025-01-27
Petition for a writ of certiorari filed. (Response due February 28, 2025)
2024-11-19
Application (24A497) granted by The Chief Justice extending the time to file until January 25, 2025.
2024-11-14
Application (24A497) to extend the time to file a petition for a writ of certiorari from November 26, 2024 to January 25, 2025, submitted to The Chief Justice.

Attorneys

Audio Evolution Diagnostics, Inc.
Peter Joseph Corcoran IIICorcoran IP Law PLLC, Petitioner
Peter Joseph Corcoran IIICorcoran IP Law PLLC, Petitioner
Global Media Group LLC
Brett William JohnsonSnell & Wilmer, L.L.P., Respondent
Brett William JohnsonSnell & Wilmer, L.L.P., Respondent
Harris Brumfield, Trustee for Ascent Trust
Michael David GannonBaker & Hostetler LLP, Amicus
Michael David GannonBaker & Hostetler LLP, Amicus
Island Intellectual Property LLC
Charles Robert MacedoAmster, Rothstein & Ebenstein LLP, Amicus
Charles Robert MacedoAmster, Rothstein & Ebenstein LLP, Amicus
United States
D. John SauerSolicitor General, Respondent
D. John SauerSolicitor General, Respondent
Sarah M. HarrisActing Solicitor General, Respondent