Supreme Court of the United States · Official docket →
James J. Macor v. United States Patent and Trademark Office
Paid petition · United States Court of Appeals for the Federal Circuit, No. 2018-1289 · judgment November 13, 2018
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
In making rejections under 35 U.S.C. § 103(a) as obvious, what standard should be applied in determining whether prior art is “analogous,” and, if the prior art is demonstrated to be non-analogous, does that render any such rejection void?
Counsel of record
For petitioner
Perry Matthew Fonseca
Law Office of Perry M. Fonseca, PC
For respondent
Noel John Francisco
Jones Day
Case
Subject area
Economic Activity (estimated from the questions presented, in the Supreme Court Database’s categories)
Conference history
Distributed for 1 conference
Order
Order list, April 15, 2019 · Certiorari denied
Proceedings
- Apr 15 2019Petition DENIED.
- Mar 27 2019DISTRIBUTED for Conference of 4/12/2019.
- Mar 18 2019Waiver of right of respondent U.S. Patent and Trademark Office to respond filed.
- Feb 11 2019Petition for a writ of certiorari filed. (Response due March 18, 2019)