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ChargePoint, Inc. v. SemaConnect, Inc.

Paid petition · United States Court of Appeals for the Federal Circuit, No. 2018-1739 · judgment March 28, 2019

Certiorari denied · January 27, 2020
Pre-decision estimate: 8% cert probability (95% interval 5%–12%)

Before the decision, about 1.9× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a dissent in the court below (flagged in the petition), and a Federal Circuit decision below, and down for a business respondent.

Questions presented

Section 101 of the Patent Act provides that “[w]hoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.” This Court has long maintained an implicit exception to Section 101: “Laws of nature, natural phenomena, and abstract ideas are not patentable.” Alice Corp. Pty. Ltd. v. CLS Bank Int’l, 134 S. Ct. 2347, 2354 (2014). However, the Court has consistently held that incorporation of an abstract idea into an invention remains patent eligible. Diamond v. Diehr, 450 U.S. 175 (1981). The questions presented are:

  1. Whether a patent claim to a new and useful improvement to a machine or process may be patent eligible even when it “involves” or incorporates an abstract idea.

  2. Whether the Court should reevaluate the atextual exception to Section 101. (i)

Counsel of record

For petitioner
Carter G. Phillips
Sidley Austin LLP

For respondent
Alan Lee Whitehurst
Quinn Emanuel Urquhart & Sullivan LLP

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jan 27 2020
    Motion for leave to file amicus brief filed by Jeremy C. Doerre GRANTED.
  2. Jan 27 2020
    Petition DENIED.
  3. Jan 08 2020
    DISTRIBUTED for Conference of 1/24/2020.
  4. Jan 08 2020
    Reply of petitioner ChargePoint, Inc. filed.
  5. Dec 23 2019
    Brief of respondent SemaConnect, Inc. in opposition filed.
  6. Nov 20 2019
    Motion for leave to file amicus brief filed by Jeremy C. Doerre.
  7. Oct 31 2019
    Motion to extend the time to file a response is granted and the time is extended to and including December 23, 2019.
  8. Oct 30 2019
    Motion to extend the time to file a response from November 21, 2019 to December 23, 2019, submitted to The Clerk.
  9. Oct 21 2019
    Petition for a writ of certiorari filed. (Response due November 21, 2019)