Supreme Court of the United States · Official docket →
Worlds Inc. v. Activision Blizzard Inc., et al.
Paid petition · United States Court of Appeals for the Federal Circuit, No. 2021-1990 · judgment March 10, 2022
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
In the mid-1990s, petitioner Worlds invented computer software with protocols that allowed an increased number of players to access a threedimensional virtual world simultaneously, and provided customizable settings to adapt to each user’s computer hardware capabilities. On a motion for summary judgment under 35 U.S.C. § 101, the district court concluded that the patented claims were directed to the abstract idea of filtering. Further, while the movant submitted no evidence to support a finding in its favor, the district court found that the claims recited only well-known, routine, and conventional features and held the claims ineligible. The questions presented are as follows:
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What is the appropriate standard for determining whether a patent claim is “directed to” a patent-ineligible concept under step one of the Court’s two-step framework for determining whether an invention is eligible for patenting under 35 U.S.C. § 101?
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Whether a movant seeking a ruling of patentineligibility under Section 101 as a matter of law can prevail on step two where the movant submits no evidence of what was well-known, routine, and conventional in the industry as of the date of invention? (i)
Counsel of record
For petitioner
Wayne Michael Helge
Davidson Berquist Jackson & Gowdey, LLP
For respondent
Sonal N. Mehta
Wilmer Cutler Pickering Hale and Dorr, LLP
Case
Conference history
Distributed for 1 conference
Proceedings
- Oct 03 2022Petition DENIED.
- Jul 06 2022DISTRIBUTED for Conference of 9/28/2022.
- Jun 27 2022Waiver of right of respondent Activision Blizzard Inc., et al. to respond filed.
- Jun 08 2022Petition for a writ of certiorari filed. (Response due July 11, 2022)