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InvestPic, LLC v. SAP America, Inc.

Paid petition · United States Court of Appeals for the Federal Circuit, No. 2017-2081 · judgment August 2, 2018

Certiorari denied · June 24, 2019
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.

Question presented

An invention is patentable if it satisfies statutory criteria in the Patent Act and is not a judicially-excluded natural phenomenon, law of nature, or abstract idea. These judicial exceptions to statutory patent eligibility arise from this Court’s concern, since 1853, that allowing preemptive patents would inhibit innovation. Accordingly, patents claiming abstract ideas are patenteligible only if those claims include an inventive concept that offers “something more” than the abstract idea. Alice Corp. Pty. Ltd. v. CLS Bank Int’l, 573 U.S. 208, 217 (2014). The Federal Circuit has added a new requirement, not found in this Court’s precedent, that the claimed inventive concept must occur in the “physical realm.” The Federal Circuit held below that a process is “abstract” because the process, which must be performed by a computer, does not occur in the “physical realm.” The Federal Circuit therefore held the process patentineligible, despite finding that the process was inventive, novel, and nonobvious under the Patent Act in previous proceedings. The question presented is: Does the Federal Circuit’s “physical realm” test contravene the Patent Act and this Court’s precedent by categorically excluding otherwise patentable processes from patent eligibility?

Counsel of record

For petitioner
William Frederick Abrams
Foster Pepper PLLC

For respondent
Steffen Nathanael Johnson
Wilson Sonsini Goodrich & Rosati

Case

Conference history
Distributed for 1 conference

Amicus briefs
8 cert-stage

Linked docket
18A586

Proceedings

  1. Aug 23 2019
    Rehearing DENIED.
  2. Aug 01 2019
    DISTRIBUTED.
  3. Jul 19 2019
    Petition for Rehearing filed.
  4. Jun 24 2019
    Petition DENIED.
  5. Jun 04 2019
    DISTRIBUTED for Conference of 6/20/2019.
  6. May 31 2019
    Reply of petitioner InvestPic, LLC filed.
  7. May 15 2019
    Brief of respondent SAP America, Inc. in opposition filed.
  8. Apr 15 2019
    Amicus brief of Anne E. Barschall not accepted for filing. (April 16, 2019) (Corrected electronic filing submitted)
  9. Apr 15 2019
    Brief amicus curiae of Eagle Forum Education & Legal Defense Fund filed.
  10. Apr 15 2019
    Brief amicus curiae of Dr. Sam Savage filed. (4/18/2019)
  11. Apr 15 2019
    Brief amici curiae of Mario Villena, Jose Villena filed.
  12. Apr 15 2019
    Amicus brief of Amplify Exchange and Mighty Buildings not accepted for filing. (April 17, 2019 -- Corrected version submitted)
  13. Apr 15 2019
    Brief amici curiae of Amplify Exchange and Mighty Buildings filed. (4/16/2019)
  14. Apr 15 2019
    Brief amicus curiae of Dr. Sam Savage not accepted for filing.(April 17, 2019)(Corrected version to be submitted)
  15. Apr 15 2019
    Brief amicus curiae of Anne E. Barschall filed. (04/16/2019)
  16. Apr 15 2019
    Amicus brief of Dr. Philip Neches not accepted for filing. (April 17, 2019) (Corrected version to be submitted)
  17. Apr 15 2019
    Brief amici curiae of US Inventor, et al. filed.
  18. Apr 15 2019
    Brief amicus curiae of Dr. Philip Neches filed. (4/18/2019)
  19. Apr 15 2019
    Brief amici curiae of Amplify Exchange, LLC and Mighty Buildings, Inc. filed. (4/29/2019)
  20. Apr 09 2019
    Motion to extend the time to file a response is granted and the time is extended to and including May 15, 2019.
  21. Apr 05 2019
    Motion to extend the time to file a response from April 15, 2019 to May 15, 2019, submitted to The Clerk.
  22. Apr 05 2019
    Blanket Consent filed by Respondent, SAP America, Inc.
  23. Apr 03 2019
    Blanket Consent filed by Petitioner, InvestPic, LLC.
  24. Mar 08 2019
    Petition for a writ of certiorari filed. (Response due April 15, 2019)
  25. Dec 06 2018
    Application (18A586) granted by The Chief Justice extending the time to file until March 8, 2019.
  26. Dec 03 2018
    Application (18A586) to extend the time to file a petition for a writ of certiorari from January 8, 2019 to March 8, 2019, submitted to The Chief Justice.
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