Supreme Court Report

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Webtrends, Inc. v. Andrei Iancu, Director, Patent and Trademark Office

Paid petition · United States Court of Appeals for the Federal Circuit, No. 2017-2447 · judgment June 6, 2018

Certiorari denied · February 19, 2019
Pre-decision estimate: 3% cert probability

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

Question presented

\Vhether the USPTO or a Federal Court can declare 20 patcnt claims to be directed to an unpatentable abstract idea \vithout carrying out the Alice two-part test, \vithout offering eviclcmce or analysis to support the claim rejections, without considering the limitations of even a single claim, and despite finding and ci ling no relevant prior Elrt that would support either a :35 U.S.C. §102 or 35 C.S.C. §103 rejection of even a single claim?

Counsel of record

For petitioner
Robert W. Bergstrom
Olympic Patent Work PLLC

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, February 19, 2019 · Certiorari denied

Proceedings

  1. Feb 19 2019
    Petition DENIED.
  2. Jan 16 2019
    DISTRIBUTED for Conference of 2/15/2019.
  3. Jan 09 2019
    Waiver of right of respondent Andrei Iancu, Director, United States Patent and Trademark Office to respond filed.
  4. Jan 07 2019
    Waiver of right of respondent Andrei Iancu, Director, United States Patent and Trademark Office to respond filed.
  5. Oct 19 2018
    Petition for a writ of certiorari filed. (Response due January 17, 2019)