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Joachim Carlo Santos Martillo, et al. v. Unknown Defendants

Paid petition · Appeals Court of Massachusetts, No. 19-P-748 · judgment May 26, 2020


Certiorari denied · April 19, 2021
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

Does a party asserting ownership to a patent application have a right to a state (commonwealth) action like either a Massachusetts quiet action or a Massachusetts try title action in order to a resolve question of title to said patent application, • if in a 35 U.S. Code § 145 civil action to obtain a patent, the Federal District Court denies standing to the applicant for lack of clear title, • if the Court of Appeals for the Federal Circuit upholds the denial of standing in a Rule 36 Affirmance, and • if there are multiple possible even perhaps contradictory reasons for the Affirmance? According to 35 U.S. Code § 261 a patent has “the attributes of personal property.” In a state (commonwealth) court, does the doctrine of adverse possession apply to a patent application as this doctrine might apply to other private or personal property like land, a car, a painting, etc.? In a state (commonwealth) quiet or try title action, how dispositive is a finding of fact by the USPTO with respect to ownership?

Counsel of record

For petitioner
Joachim Carlo Santos Martillo

For respondent

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Apr 19 2021
    Petition DENIED.
  2. Mar 31 2021
    DISTRIBUTED for Conference of 4/16/2021.
  3. Jan 25 2021
    Petition for a writ of certiorari filed. (Response due March 19, 2021)