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Mitchell R. Swartz v. United States Patent and Trademark Office, et al.

Paid petition · United States Court of Appeals for the Federal Circuit, No. 2018-1122 · judgment July 17, 2018


Certiorari denied · February 25, 2019
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

1 (a) Questions for review Rule 14.1(a) Has The Court Erred by not being consistent with Decisions of this court Regarding The Requirement of 35 U.S.C. §145 Claims (Count 1) to Address the New Evidence? Has The Court Erred by Ignoring New Evidence of Probative Declarants Supporting Plaintiffs 35 U.S.C. §145 Claim (Count 1)? Has The Court Erred by Ignoring -after misdescribingNEW Evidence Supporting Plaintiffs 35 U.S.C. §145 Claim (Count 1)? Has The Court Erred by Ignoring past attempted Exculpatory Behavior by the Defendants including Systematic Sequestration of Evidence Including DIA and DTRA Reports? Has the Court Erred by Ignoring that under U.S.C. §146, Pat. Appl. 12/932,058 and 09/1750,765 Were Purposely Misdescribed by Respondents While Evidence was Systematically not Logged? Has The Court Erred by Failing to Act Sui Sponsis Consistent with Law and Justice (including Claims 5-7 9- 12, and 14)? How is the denial with Prejudice in this case anything other than planned perpetual evisceration of allegedly Constitutionally-protected rights?

Counsel of record

For petitioner
Mitchell R. Swartz

For respondent
Noel John Francisco
Jones Day

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Apr 15 2019
    Rehearing DENIED.
  2. Mar 27 2019
    DISTRIBUTED for Conference of 4/12/2019.
  3. Mar 16 2019
    Petition for Rehearing filed.
  4. Feb 25 2019
    Petition DENIED.
  5. Feb 06 2019
    DISTRIBUTED for Conference of 2/22/2019.
  6. Jan 30 2019
    Waiver of right of respondents United States Patent and Trademark Office, et al. to respond filed.
  7. Nov 15 2018
    Petition for a writ of certiorari filed. (Response due February 25, 2019)