Supreme Court Report

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Garth Janke v. Kathi Vidal, Under Secretary of Commerce for Intellectual Property and Director, United States Patent and Trademark Office

Paid petition · United States Court of Appeals for the Federal Circuit, No. 2022-1274 · judgment October 6, 2022


Certiorari denied · February 21, 2023
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate: the model weighted this down for a self-represented petitioner.

Question presented

Can a known patentable product become ineligible for patenting when it is claimed to be made by apply­ ing a mathematical model of the product on a 3D printer, as no one is disputing follows from Parker v. Flook? And, can it be too much patent “monopoly”1 to pre­ empt (in practical effect) a mathematical model of a product, as no one is disputing follows from Gottschalk v. Benson, when it is known that it is not too much pa­ tent monopoly to pre-empt the real product itself? 1 The Court’s term for the exclusive rights associated with a patent. See, e.g., Alice v. CLS Bank, 573 U.S. at 216.

Counsel of record

For petitioner
Garth Janke

For respondent
Elizabeth B. Prelogar
Solicitor General

Case

Subject area
Economic Activity (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 1 conference

Order
Order list, February 21, 2023 · Certiorari denied

Proceedings

  1. Feb 21 2023
    Petition DENIED.
  2. Feb 01 2023
    DISTRIBUTED for Conference of 2/17/2023.
  3. Jan 27 2023
    Waiver of right of respondent Vidal, Kathi to respond filed.
  4. Dec 28 2022
    Petition for a writ of certiorari filed. (Response due January 30, 2023)