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Front Row Technologies, LLC v. MLB Advanced Media, L.P., et al.

Paid petition · United States Court of Appeals for the Federal Circuit, No. 2016-2604 · judgment September 18, 2017

Certiorari denied · April 23, 2018
Pre-decision estimate: 5% cert probability (95% interval 3%–8%)

Before the decision, modestly above the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a dissent in the court below (flagged in the petition), and a Federal Circuit decision below, and down for a business respondent.

Questions presented

This Petition presents the following questions:

  1. W hat are the rules, both procedural and substantive, for assessing patent-eligible subject matter under 35 U.S.C. § 101 for patents claiming inventions described as new and useful combinations of existing components and technologies?

  2. Should the Federal Circuit be required to revisit its decision in this case in light of its Berkheimer and Aatrix Software decisions?

Counsel of record

For petitioner
Michael W. Shore
Shore Chan LLP

For respondent
Evan Andrew Young
Baker Botts, L.L.P.

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Apr 23 2018
    Petition DENIED. The Chief Justice took no part in the consideration or decision of this petition.
  2. Apr 04 2018
    DISTRIBUTED for Conference of 4/20/2018.
  3. Mar 29 2018
    Waiver of right of respondent NBA Media Ventures et al. to respond filed.
  4. Mar 20 2018
    Supplemental brief of petitioner Front Row Technologies, LLC filed.
  5. Feb 20 2018
    Petition for a writ of certiorari filed. (Response due April 2, 2018)