Supreme Court of the United States · Official docket →
Glasswall Solutions Limited, et al. v. Clearswift Ltd.
Paid petition · United States Court of Appeals for the Federal Circuit, No. 2018-1407 · judgment December 20, 2018
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
This Petition presents the following questions:
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Where a threshold patent-eligibility determination under 35 U.S.C. § 101 is presented in a Rule 12(b)(6) motion to dismiss for failure to state a claim upon which relief may be granted, under what circumstances can assertions of fact pleaded by a patent owner, and statements of fact recited in a patent specification, be deemed “conclusory legal assertions” a court is “not bound to accept as true,” pursuant to Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555 (2007)?
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Where a patent infringement complaint asserts as fact that the invention claimed improves computer function by eliminating a then-conventional method, does the Federal Circuit’s determination that the improvement is also conventional present a question of fact that underlies the legal question of patent-eligibility, pursuant to Berkheimer v. H-P Inc., 881 F.3d 1360, 1368 (Fed. Cir. 2018), petition for cert. filed 2018 U.S. S. Ct. Briefs LEXIS 3613 (U.S. Sept. 28, 2018) (No. 18-415)?
Counsel of record
For petitioner
Robert James Carlson
Lee & Hayes, P.C.
For respondent
Ramsey M. Al-Salam
Perkins Coie, LLP
Proceedings
- Oct 07 2019Petition DENIED.
- Oct 04 2019Motion to dismiss by petitioner Glasswall Solutions Limited, et al. received.
- Jul 03 2019DISTRIBUTED for Conference of 10/1/2019.
- Jun 28 2019Reply of petitioners Glasswall Solutions Limited, et al. filed.
- Jun 19 2019Brief of respondent Clearswift, Ltd. in opposition filed.
- May 17 2019Petition for a writ of certiorari filed. (Response due June 19, 2019)
- Mar 07 2019Application (18A907) granted by The Chief Justice extending the time to file until May 19, 2019.
- Mar 06 2019Application (18A907) to extend the time to file a petition for a writ of certiorari from March 20, 2019 to May 19, 2019, submitted to The Chief Justice.