Supreme Court of the United States · Official docket →
Eurica Califorrniaa v. Katherine K. 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. 22-1640 · judgment November 7, 2022
Before the decision, well below the 4.1% base rate: the model weighted this down for a self-represented petitioner.
Questions presented
Petitioner wholly owns United States Patent No. 10,245,075 directed to a “nondestructive means of ectopic pregnancy management,” which teaches a non-homicidal alternative to traditional abortion. He appeals from respondent’s 51-day reduction of his patent term. The questions presented are:
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Whether United States v. Vuitch, 402 U.S. 62 (1971), should be overruled in favor of equality with the unborn?
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Whether 37 C.F.R. § 1.704(c)(10) lawfully reduces the patent term for an applicant’s refusal to surrender stewardship of the specification claims to the Examiner in deference to an unauthorized claim amendment contained in a notice of allowance?
Counsel of record
For petitioner
Eurica Califorrniaa
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 2 conferences
Orders
Order list, March 27, 2023 · Certiorari denied
Order list, May 15, 2023 · Rehearing denied
Proceedings
- May 15 2023Rehearing DENIED.
- May 08 2023Letter of petitioner Eurica Califorrniaa received.
- Apr 25 2023DISTRIBUTED for Conference of 5/11/2023.
- Apr 20 2023Petition for Rehearing filed.
- Mar 27 2023Petition DENIED.
- Mar 14 2023Letter of petitioner Eurica Califorrniaa received.
- Mar 08 2023DISTRIBUTED for Conference of 3/24/2023.
- Mar 03 2023Waiver of right of respondent Vidal, Katherine K. to respond filed.
- Feb 17 2023Petition for a writ of certiorari filed. (Response due March 24, 2023)