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David A. Tropp v. Travel Sentry, Inc., et al.

Paid petition · United States Court of Appeals for the Federal Circuit, No. 2021-1908, 2021-1909 · judgment February 14, 2022


Certiorari denied · May 15, 2023
Pre-decision estimate: 1% cert probability

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

Question presented

Inventor David Tropp owns and practices two patents that disclose a solution to the problem of screening all passenger luggage for flights originating in the United States, following the September 11 attacks. Through a series of specific claimed steps, his patents describe a method of providing consumers with special dual-access luggage locks that a screening entity would access in accordance with a special procedure and corresponding key controlled by the luggage screening entity, all while allowing the luggage to remain locked following screening. The question presented is: Whether the claims at issue in Tropp’s patents reciting physical rather than computer-processing steps are patent-eligible under 35 U.S.C. § 101, as interpreted in Alice Corporation Pty v. CLS Bank International, 573 U.S. 208 (2014).

Counsel of record

For petitioner
Eric Alan White
Mayer Brown LLP

For respondent
William Prickett
Seyfarth Shaw LLP

Case

Conference history
Distributed for 3 conferences

Amicus briefs
2 cert-stage

Linked docket
21A657

Proceedings

  1. May 15 2023
    Petition DENIED. Justice Kavanaugh would grant the petition for a writ of certiorari.
  2. Apr 19 2023
    DISTRIBUTED for Conference of 5/11/2023.
  3. Apr 19 2023
    Supplemental brief of petitioner David A. Tropp filed. (Distributed)
  4. Apr 05 2023
    Brief amicus curiae of United States filed. VIDED.
  5. Oct 17 2022
    The Solicitor General is invited to file a brief in this case expressing the views of the United States.
  6. Oct 11 2022
    DISTRIBUTED for Conference of 10/14/2022.
  7. Oct 03 2022
    Rescheduled.
  8. Sep 21 2022
    DISTRIBUTED for Conference of 10/7/2022.
  9. Sep 20 2022
    Reply of petitioner David A. Tropp filed. (Distributed)
  10. Sep 07 2022
    Brief of respondents Travel Sentry, Inc., et al. in opposition filed.
  11. Aug 05 2022
    Brief amici curiae of US Inventor and Eagle Forum Education & Legal Defense Fund filed.
  12. Aug 01 2022
    Motion to extend the time to file a response is granted and the time is extended to and including September 7, 2022, for all respondents.
  13. Jul 29 2022
    Motion to extend the time to file a response from August 8, 2022 to September 7, 2022, submitted to The Clerk.
  14. Jul 05 2022
    Petition for a writ of certiorari filed. (Response due August 8, 2022)
  15. Jun 06 2022
    Application (21A657) granted by The Chief Justice extending the time to file until July 5, 2022.
  16. Jun 01 2022
    Application (21A657) to extend further the time from June 14, 2022 to July 5, 2022, submitted to The Chief Justice.
  17. Apr 28 2022
    Application (21A657) granted by The Chief Justice extending the time to file until June 14, 2022.
  18. Apr 25 2022
    Application (21A657) to extend the time to file a petition for a writ of certiorari from May 15, 2022 to June 14, 2022, submitted to The Chief Justice.