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Yanbin Yu, et al. v. Apple Inc., et al.

Paid petition · United States Court of Appeals for the Federal Circuit, No. 2020-1760, 2020-1803 · judgment June 11, 2021


Certiorari denied · February 22, 2022
Pre-decision estimate: 4% cert probability

Before the decision, roughly 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.

Question presented

Whether, when applying the test for patent eligibility set forth in Mayo Collaborative Services v. Prometheus Laboratories, Inc., 566 U.S. 66 (2012), a patent claim should be considered “as a whole” in accordance with Diamond v. Diehr, 450 U.S. 175 (1981), or instead, whether all conventional elements of the claim must be disregarded prior to determining its “point of novelty” as set forth in this Court’s older precedent in Parker v. Flook, 437 U.S. 584 (1978).

Counsel of record

For petitioner
Daniel Johnson Jr.
Dan Johnson Law Group, LLP

For respondent
Douglas Harry Hallward-Driemeier
Ropes & Gray, LLP

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Feb 22 2022
    Petition DENIED.
  2. Jan 12 2022
    DISTRIBUTED for Conference of 2/18/2022.
  3. Dec 14 2021
    Waiver of right of respondent Apple Inc. to respond filed.
  4. Dec 14 2021
    Waiver of right of respondents Samsung Electronics Co. Ltd., Samsung Electronics America, Inc. to respond filed.
  5. Dec 09 2021
    Blanket Consent filed by Petitioner, Yanbin Yu, et al.
  6. Nov 29 2021
    Petition for a writ of certiorari filed. (Response due January 3, 2022)