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InfoBionic, Inc. v. Cardionet, LLC, et al.

Paid petition · United States Court of Appeals for the Federal Circuit, No. 2019-1149 · judgment April 17, 2020

Certiorari denied · January 25, 2021

Pre-decision estimate: 17% cert probability (95% interval 12%–24%)

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

Question presented

This Court has long recognized that fundamental concepts and basic mental processes are not patent eligible. This so-called “abstract idea” exception to 35 U.S.C. § 101 is critical to ensuring that patent monopolies do not impede innovation. In this case, the Federal Circuit held—in direct conflict with this Court’s decisions—that invoking the abstract idea exception requires a showing that the challenged claims recite a “longstanding” human practice. App. 25a; see id. at 18a-19a. The question presented is: Whether the Federal Circuit has properly narrowed the scope of the abstract idea exception under 35 U.S.C. § 101.

Counsel of record

For petitioner
Gregory George Garre
Latham & Watkins LLP

For respondent
Ching-Lee Fukuda
Sidley Austin LLP

Case

Conference history
Distributed for 1 conference

Proceedings

Jan 25 2021
Petition DENIED.
Jan 06 2021
DISTRIBUTED for Conference of 1/22/2021.
Jan 06 2021
Reply of petitioner InfoBionic, Inc. filed. (Distributed)
Dec 21 2020
Brief of respondents Cardionet, LLC, et al. in opposition filed.
Nov 16 2020
Motion to extend the time to file a response is granted and the time is extended to and including December 21, 2020.
Nov 13 2020
Motion to extend the time to file a response from December 7, 2020 to December 21, 2020, submitted to The Clerk.
Nov 02 2020
Petition for a writ of certiorari filed. (Response due December 7, 2020)