Supreme Court of the United States · Official docket →
Ameranth, Inc. v. Olo, Inc.
Paid petition · United States Court of Appeals for the Federal Circuit, No. 2021-1211 · judgment October 8, 2021
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
This computer-based patent infringement case presents the same questions pending before the Court in American Axle & Mfg, Inc. v. Neapco Holdings LLC, No. 20-891. Both petitions arise from judgments entered by the same district court judge. Ameranth filed an amicus brief in support of certiorari in American Axle specifically identifying this case as one that will be affected by the result in No. 20-891. Although the cases involve different parties, inventions and patents, they both raise the same legal questions:
-
What is the appropriate standard for determining whether a patent claim is “directed to” a patent-ineligible concept under step 1 of the Alice two-step framework for determining whether an invention is eligible for patenting under 35 U.S.C. § 101?
-
Is patent eligibility (at each step of the Court’s twostep framework) a question of law for the court, based on the scope of the claims alone or a question of fact, based on the state of art at the time of the invention?
Counsel of record
For petitioner
Jerrold Joseph Ganzfried
Ganzfried Law
For respondent
Heidi Lyn Keefe
Cooley, LLP
Proceedings
- Jun 13 2022Petition DENIED.
- Jun 06 2022Supplemental brief of respondent Olo, Inc. filed. (Distributed)
- Jun 01 2022Supplemental brief of petitioner Ameranth, Inc. filed. (Distributed)
- May 24 2022DISTRIBUTED for Conference of 6/9/2022.
- May 19 2022Reply of petitioner Ameranth, Inc. filed. (Distributed)
- May 05 2022Brief of respondent Olo, Inc. in opposition filed.
- Mar 24 2022Motion to extend the time to file a response is granted and the time is extended to and including May 11, 2022.
- Mar 22 2022Motion to extend the time to file a response from April 11, 2022 to May 11, 2022, submitted to The Clerk.
- Mar 07 2022Petition for a writ of certiorari filed. (Response due April 11, 2022)
- Dec 20 2021Application (21A254) granted by The Chief Justice extending the time to file until March 7, 2022.
- Dec 16 2021Application (21A254) to extend the time to file a petition for a writ of certiorari from January 6, 2022 to March 7, 2022, submitted to The Chief Justice.