Supreme Court of the United States · Official docket →
Trading Technologies International, Inc. v. IBG LLC, et al.
Paid petition · United States Court of Appeals for the Federal Circuit, No. 2018-1105, 2018-1302, 2018-1438, 2018-1443 · judgment May 21, 2019
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, panels 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:
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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.
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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
Noel John Francisco
Jones Day
Proceedings
- Jan 27 2020Petition DENIED.
- Jan 08 2020DISTRIBUTED for Conference of 1/24/2020.
- Jan 06 2020Reply of petitioner Trading Technologies International, Inc. filed.
- Dec 20 2019Brief of respondent United States in opposition filed.
- Nov 14 2019Motion to extend the time to file a response is granted and the time is extended to and including December 23, 2019, for all respondents.
- Nov 13 2019Motion of the Solicitor General to extend the time to file a response from November 21, 2019 to December 23, 2019, submitted to The Clerk.
- Oct 18 2019Petition for a writ of certiorari filed. (Response due November 21, 2019)
- Aug 13 2019Application (19A171) granted by The Chief Justice extending the time to file until October 18, 2019.
- Aug 07 2019Application (19A171) to extend the time to file a petition for a writ of certiorari from August 19, 2019 to October 18, 2019, submitted to The Chief Justice.