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Trading Technologies International, Inc. v. IBG LLC, et al.

Paid petition · United States Court of Appeals for the Federal Circuit, No. 2017-2257, 2017-2621, 2018-1063 · judgment April 18, 2019

Certiorari denied · January 27, 2020
Pre-decision estimate: 8% cert probability (95% interval 5%–11%)

Before the decision, about 1.8× 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.

Questions presented

In Alice Corp. Pty. Ltd. v. CLS Bank International, 573 U.S. 208 (2014), the Court declined once again to define the scope of the “abstract idea” exception to patent eligibility created by this Court. It did, however, assume that claims that “purport to improve the functioning of the computer itself” would be patent eligible. Here, a panel of the Federal Circuit held, in conflict with other panel decisions, that computer-implemented inventions providing useful functionality to users, but without improving the basic functions of the computer itself in a manner akin to improved hardware, are directed to abstract ideas and therefore patent ineligible. Accordingly, the questions presented are:

  1. Whether computer-implemented inventions that provide useful user functionality but do not improve the basic functions of the computer itself are categorically ineligible for patent protection.

  2. Whether the Court should overrule its precedents recognizing the “abstract idea” exception to patent eligibility under the Patent Act of 1952. 

Counsel of record

For petitioner
Andrew Michael Grossman
Baker & Hostetler LLP

For respondent
Robert Evan Sokohl
Sterne, Kessler, Goldstein & Fox P.L.L.C

Case

Conference history
Distributed for 1 conference

Amicus briefs
2 cert-stage

Linked docket
19A61

Proceedings

  1. Jan 27 2020
    Petition DENIED.
  2. Jan 08 2020
    DISTRIBUTED for Conference of 1/24/2020.
  3. Jan 06 2020
    Reply of petitioner Trading Technologies International, Inc. filed.
  4. Dec 18 2019
    Brief of respondent United States in opposition filed.
  5. Nov 14 2019
    Motion to extend the time to file a response is granted and the time is further extended to and including December 18, 2019, for all respondents.
  6. Nov 12 2019
    Motion of the Solicitor General to extend the time to file a response from November 18, 2019 to December 18, 2019, submitted to The Clerk.
  7. Oct 30 2019
    Motion to Correct Name of Amicus Curiae of IGT not accepted for filing. (October 30, 2019)
  8. Oct 18 2019
    Brief amicus curiae of US Inventor filed.
  9. Oct 18 2019
    Amicus brief of IGT not accepted for filing. (November 01, 2019 -- Corrected version to be submitted)
  10. Oct 18 2019
    Brief amicus curiae of IGT filed. (November 1, 2019 -- Corrected version submitted)
  11. Oct 11 2019
    Waiver of right of respondents IBG LLC and Interactive Brokers LLC to respond filed.
  12. Oct 09 2019
    Motion to extend the time to file a response is granted and the time is extended to and including November 18, 2019, for all respondents.
  13. Oct 08 2019
    Motion of the Solicitor General to extend the time to file a response from October 18, 2019 to November 18, 2019, submitted to The Clerk.
  14. Sep 16 2019
    Petition for a writ of certiorari filed. (Response due October 18, 2019)
  15. Jul 15 2019
    Application (19A61) granted by The Chief Justice extending the time to file until September 15, 2019.
  16. Jul 05 2019
    Application (19A61) to extend the time to file a petition for a writ of certiorari from July 17, 2019 to September 15, 2019, submitted to The Chief Justice.
    Main Document