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

Certiorari denied · June 21, 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

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

Conference history
Distributed for 1 conference

Proceedings

Jun 21 2021
Petition DENIED.
Jun 01 2021
DISTRIBUTED for Conference of 6/17/2021.
May 25 2021
Waiver of right of respondent Hirshfeld, Drew to respond filed.
May 04 2021
Petition for a writ of certiorari filed. (Response due June 18, 2021)