Supreme Court of the United States · Official docket →

Integrated Technological Systems, Inc. v. First Internet Bank of Indiana

Paid petition · United States Court of Appeals for the Federal Circuit, No. 2017-1795 · judgment February 20, 2018

Certiorari denied · October 1, 2018

Pre-decision estimate: 2% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

The questions presented are:

Does 35 U.S.C. § 282 allow for challenges to a patent’s validity based on patent eligibility under 35 U.S.C. § 101?
In addition, and in close alignment with the first question, is it proper to find patents invalid under 35 U.S.C. § 101 after full examination before the U.S. Patent and Trademark Office in response to 12(b)(6) challenges when they are presumed valid under 35 U.S.C. § 282?
Is it proper to grant a Rule 12(b)(6) motion to dismiss when the record contains unrebutted factual evidence that the invention is patent-eligible under § 101?

For petitioner
Scott Allen Max Chambers
Porzio, Bromberg & Newman, P.C.

For respondent
Daniel Mark Lechleiter
Faegre Baker Daniels LLP

Conference history
Distributed for 1 conference

Oct 01 2018
Petition DENIED.
Jun 27 2018
DISTRIBUTED for Conference of 9/24/2018.
Jun 22 2018
Waiver of right of respondent First Internet Bank of Indiana to respond filed.
May 21 2018
Petition for a writ of certiorari filed. (Response due June 25, 2018)