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Eolas Technologies Incorporated v. Amazon.com, Inc., et al.

Paid petition · United States Court of Appeals for the Federal Circuit, No. 2022-1932, 2022-1933, 2022-1934, 2022-1935 · judgment February 1, 2024


Certiorari denied · October 7, 2024
Pre-decision estimate: 8% cert probability (95% interval 5%–13%)

Before the decision, about 2× the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a dissent in the court below (flagged in the petition), and a Federal Circuit decision below, and down for a business respondent.

Questions presented

The Federal Circuit found that U.S. Patent No. 9,195,507 (the ’507 patent) “describes problems specific to the World Wide Web,” “explains how the invention purports to solve them,” and recites the solutions to those computer-network problems through “configuration requirements of a World Wide Web browser, World Wide Web pages, and the World Wide Web distributed hypermedia network.” Pet. App. 14a15a. These claims rebuilt the then-nascent Web in a manner that—for the first time—enabled secure and scalable “interactivity with remote objects on a client computer browser using distributed computing.” Pet. App. 12a. Yet the Federal Circuit concluded that these claims were not drawn to patent-eligible subject matter because, “[s]imply put, interacting with data objects on the World Wide Web is an abstraction.” Pet. App. 15a. The questions presented are:

  1. Whether claims drawn to solving specific problems restricting the usefulness of an existing computer-network technology recite patent-eligible subject matter under 35 U.S.C. § 101 and Alice Corp. Pty. Ltd. v. CLS Bank Int’l, 573 U.S. 208 (2014).

  2. Whether Alice’s two-step eligibility analysis under § 101 can properly subsume considerations of conventionality, functional claiming, and specificity of description—which traditionally fall under 35 U.S.C. §§ 102, 103, and 112.

  3. Whether the claims of the ’507 patent are eligible for patenting under § 101 and Alice.

Counsel of record

For petitioner
John Bruce Campbell Jr.
McKool Smith, P.C.

For respondent
Deepa Acharya
Quinn Emanuel Urquhart & Sullivan LLP

Case

Conference history
Distributed for 2 conferences

Amicus briefs
1 cert-stage

Proceedings

  1. Oct 07 2024
    Petition DENIED.
  2. Aug 28 2024
    Reply of petitioner Eolas Technologies Incorporated filed. (Distributed)
  3. Aug 14 2024
    DISTRIBUTED for Conference of 9/30/2024.
  4. Jul 31 2024
    Brief of respondents Amazon.com, Inc., et al. in opposition filed.
  5. Jun 29 2024
    Brief amicus curiae of U.S. Inventor, Inc. filed.
  6. Jun 27 2024
    Amicus brief of U.S. Inventor, Inc. not accepted for filing. (July 26, 2024)
  7. Jun 05 2024
    Motion to extend the time to file a response is granted and the time is extended to and including July 31, 2024, for all respondents.
  8. Jun 04 2024
    Motion to extend the time to file a response from July 1, 2024 to July 31, 2024, submitted to The Clerk.
  9. May 31 2024
    Response Requested. (Due July 1, 2024)
  10. May 21 2024
    DISTRIBUTED for Conference of 6/6/2024.
  11. May 15 2024
    Waiver of right of respondent Walmart, Inc. to respond filed.
  12. May 13 2024
    Waiver of right of respondent Google LLC to respond filed.
  13. May 13 2024
    Waiver of right of respondent Amazon.com, Inc. to respond filed.
  14. May 01 2024
    Petition for a writ of certiorari filed. (Response due June 3, 2024)