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SawStop Holding LLC v. United States Patent and Trademark Office, et al.
Paid petition · United States Court of Appeals for the Federal Circuit, No. 2021-2161 · judgment April 11, 2022
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
The Patent Act adopted by Congress provides that a person shall be entitled to a patent if an invention meets three conditions: the eligibility condition of 35 U.S.C. § 101, the novelty condition of 35 U.S.C. § 102, and the non-obvious subject matter condition of 35 U.S.C. § 103. Beyond the Patent Act, the judiciary has created a fourth condition for patentability called non-statutory double patenting or obviousnesstype double patenting. The Questions Presented Are:
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Does the judiciary have the authority to require a patent applicant to meet a condition for patentability not required by the Patent Act?
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Is the judicially created doctrine of nonstatutory double patenting ultra vires?
Counsel of record
For petitioner
David Ashley Fanning
Sawstop, LLC
For respondent
Elizabeth B. Prelogar
Solicitor General
Case
Conference history
Distributed for 1 conference
Proceedings
- Oct 03 2022Petition DENIED.
- Aug 03 2022DISTRIBUTED for Conference of 9/28/2022.
- Aug 01 2022Waiver of right of respondent United States Patent and Trademark Office, et al. to respond filed.
- Jun 30 2022Petition for a writ of certiorari filed. (Response due August 4, 2022)