Jeffrey A. Killian v. Katherine K. Vidal, Director, United States Patent and Trademark Office

The present case is directed to a rejection under Title 35 U.S.C. § 101 from the United States Patent and Trademark Office (USPTO) under the Alice/Mayo doctrine. In conducting this § 101 rejection, the present record shows that the United States Patent and Trademark Office (hereinafter “the USPTO”) violated Supreme Court precedent when holding the present claims patent ineligible under the Alice/Mayo test. The questions presented by Petitioner are as follows: I. Have the numerous departures of the Supreme Court’s Alice/Mayo jurisprudence by the Court of Appeals of the Federal Circuit (hereinafter “the Federal Circuit”) enabled the USPTO to violate the Title 5 of the United States Code (hereinafter “the Administrative Procedure Act” or “the APA”) and the Due Process Clause of the Fifth Amendment of the Constitution? II. Do the exceptions created by Article III courts of Title 35 U.S.C. § 101 exceed the constitutional authority of the courts?