Supreme Court of the United States · Official docket →
Matthew Earley v. Drew Hirshfeld, Acting Under Secretary of Commerce for Intellectual Property and Director, United States Patent and Trademark Office
Paid petition · United States Court of Appeals for the Federal Circuit, No. 2020-1816 · judgment December 14, 2020
Before the decision, well below the 4.1% base rate: the model weighted this down for a self-represented petitioner.
Question presented
I. Question to the Court Can the “burden of proof’ regarding inherency shift if the Court (US Court of Appeals / Federal Circuit) and Board (US Patent Trial and Appeal Board) have not determined or demonstrated that the prior art reference and the claimed invention are identical or substantially identical as is required in MPEP 2112 and MPEP 2125 ? Application 12/925,235 Case # 2020-1816 2
Counsel of record
For petitioner
Matthew Earley
For respondent
Brian H. Fletcher
Acting Solicitor General
Case
Subject area
Economic Activity (estimated from the questions presented, in the Supreme Court Database’s categories)
Conference history
Distributed for 1 conference
Order
Order list, June 21, 2021 · Certiorari denied
Proceedings
- Jun 21 2021Petition DENIED.
- Jun 01 2021DISTRIBUTED for Conference of 6/17/2021.
- May 25 2021Waiver of right of respondent Hirshfeld, Drew to respond filed.
- May 04 2021Petition for a writ of certiorari filed. (Response due June 18, 2021)