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, with no standout signals pointing toward a grant.
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
Conference history
Distributed for 2 conferences
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)