Supreme Court of the United States · Official docket →
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
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
- Feb 21 2023Petition DENIED.
- Feb 01 2023DISTRIBUTED for Conference of 2/17/2023.
- Jan 27 2023Waiver of right of respondent Vidal, Kathi to respond filed.
- Dec 28 2022Petition for a writ of certiorari filed. (Response due January 30, 2023)