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ENCO Systems, Inc. v. DaVincia, LLC

Paid petition · United States Court of Appeals for the Federal Circuit, No. 2020-1995 · judgment March 8, 2021


Certiorari denied · November 1, 2021
Pre-decision estimate: 3% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

ENCO owns and practices a patent for a system and method for automatically converting human speech carried in an audio-visual signal into the text captions that appear on one’s TV screen. The Federal Circuit ruled that the invention was not eligible for patent protection under 35 U.S.C. § 101 because it was allegedly directed to an abstract idea. The single question presented is: What is the appropriate standard for determining whether a patent claim is directed to a patent-ineligible concept when determining whether an invention is eligible for patenting under 35 U.S.C. § 101?

Counsel of record

For petitioner
Bradley LeGrand Smith
Endurance Law Group PLC

For respondent
Dennis John Abdelnour
Honigman LLP

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, November 1, 2021 · Certiorari denied

Proceedings

  1. Nov 01 2021
    Petition DENIED.
  2. Oct 06 2021
    DISTRIBUTED for Conference of 10/29/2021.
  3. Oct 04 2021
    Waiver of right of respondent DaVincia, LLC to respond filed.
  4. Sep 20 2021
    Petition for a writ of certiorari filed. (Response due October 27, 2021)