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Richard J. Baker v. Microsoft Corporation, et al.

Paid petition · United States Court of Appeals for the Federal Circuit, No. 2017-2357 · judgment April 9, 2018


Certiorari denied · November 5, 2018
Pre-decision estimate: 0% cert probability

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

Question presented

Article I, Section 8, Clause 8, of the United States Constitution grants Congress the power "To promote the progress of science and useful arts, by "securing" for limited times to authors and inventors the exclusive right to their respective writings and discoveries." US Patent holders when they give forth their discoveries petitioner believes form a binding contract agreement with the U.S. Government and judiciary to "secure" their private property against infringement. In proceedings today lower courts are not helping to secure for inventors their patents which seriously conflicts with the spirit of the Patent Act of 1790 (1 Stat. 109). The questions presented are: Whether under rights given by Congress and contained in U.S. Constitution. Article I Section 8. Clause 8 to all U.S. patent holders for disclosure of invention on even a scintilla of evidence being shown of genuine dispute all courts must forward when requested proceedings to the trier of fact "a trial" otherwise the promise to secure for all inventors their personal property invention is broken by the U.S. Government? Should the U.S. Government compensate inventors when the judiciary have failed to help secure their issued patent, a promise contained in U.S. Constitution. Article I Section 8. Clause 8 is broken?

Counsel of record

For petitioner
Richard J. Baker

For respondent
Abran J. Kean
Erise IP, P.A.

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Nov 05 2018
    Petition DENIED.
  2. Oct 17 2018
    DISTRIBUTED for Conference of 11/2/2018.
  3. Oct 03 2018
    Waiver of right of respondent Ubisoft, Inc. to respond filed.
  4. Sep 08 2018
    Blanket Consent filed by Petitioner, Richard J. Baker.
  5. Aug 28 2018
    Petition for a writ of certiorari filed. (Response due October 4, 2018)