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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: 2% 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

Conference history
Distributed for 1 conference

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)