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In Re Urvashi Bhagat

Paid petition


Certiorari denied · October 31, 2022
Pre-decision estimate: 0% cert probability

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

Questions presented

In extreme bad faith, the United States Patent & Trademark Office (USPTO) abused the examination of patent application no. 13/877,847 filed under the Patent Cooperation Treaty (PCT) for over eight years,. damaging the Petitioner and obstructing exceptional innovations for public health that could have mitigated the COVID-19 pandemic. The Petitioner filed a complaint at the District Court pairing interdependent causes of action under 28 U.S.C. §§ 1331, 1338(a), 1361, and 35 U.S.C. § 145 asserting misconduct by USPTO in violation of constitutionally protected patent rights and that the patent should have been issued many years ago, and claiming damages due to bad faith delay, Takings claim under the Fifth Amendment, and seeking mandamus relief. Pretending lack of jurisdiction, immunity, and failure to state claims, the District Court on USPTO’s motion dismissed interdependent causes of action as to damages, Takings claim, and mandamus relief, refusing to acknowledge facts and invocation of jurisdiction under §§ 1331, 1338(a), and 1361 in the First Amended Complaint and without answering arguments in Opposition. The District Court also granted the motion to strike jury trial without answering arguments in Opposition. The questions are^

  1. Whether the District Court abused discretion and obstructed justice in denying the existence of arguments and facts recited in the complaint refusing to even acknowledge invocations of §§1331 and 1338(a) refusing to answer entirety of the Petitioner’s Brief in Opposition invoking this Court’s precedents?

  2. Whether the District Court abused discretion and obstructed justice in ruling lack

Counsel of record

For petitioner
Urvashi Bhagat

For respondent
Elizabeth B. Prelogar
Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 31 2022
    Petition DENIED.
  2. Oct 12 2022
    DISTRIBUTED for Conference of 10/28/2022.
  3. Sep 27 2022
    Waiver of right of respondent United States to respond filed.
  4. Aug 17 2022
    Petition for a writ of mandamus filed. (Response due October 12, 2022)