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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

Certiorari denied · April 15, 2019
Pre-decision estimate: 2% cert probability

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

Conference history
Distributed for 1 conference

Proceedings

  1. Apr 15 2019
    Petition DENIED.
  2. Mar 27 2019
    DISTRIBUTED for Conference of 4/12/2019.
  3. Mar 18 2019
    Waiver of right of respondent U.S. Patent and Trademark Office to respond filed.
  4. Feb 11 2019
    Petition for a writ of certiorari filed. (Response due March 18, 2019)