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ATM Shafiqul Khalid v. Citrix Systems, Inc.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 21-35376 · judgment March 14, 2023


Certiorari denied · December 11, 2023
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

In the colonial era, all inventions were safely guarded trade secrets by employers depriving inventors of their rights to exclude others and ordinary citizens of knowledge. The corporations owning the printing press used to transfer all authorship rights to them. The Founding Fathers understood the widespread abuse of Copyright and Inventorship rights and solved them by adding the Patent and Copyright clause, Art. I Sec. 8. Cl. 8, US Constitution, authorizing Congress to protect authors and inventors by securing their respective rights for limited times. Founders' good intent and purpose have been destroyed in the last 70 years, and now 93% of patents are secured to corporations instead of inventors; Art. I Sec. 8. Cl. 8, US Constitution didn't authorize Congress to build such a patent system. Inventors are less protected now than they were in the colonial era. The patent system evolved in a way as if the Founders added Art. I Sec. 8. Cl. 8, US Constitution to penalize Inventors and to reward corporations. "Letters patent" is just the dress or cover for "the exclusive Right", Art. I Sec. 8. Cl. 8, US Constitution making it an offensive privilege to exclude others in sharp contrast to the common law defensive "exclusive license" right. In the last 70 years that safety net has been reversed to secure almost all inventions to corporations. This review is to protect the US Constitution from the erosion of the bold underlined text below that protected inventors for 160 years by securing inventions to inventors: "by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;". Art. I

Counsel of record

For petitioner
ATM Shafiqul Khalid

For respondent

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Dec 11 2023
    Petition DENIED.
  2. Dec 01 2023
    Rescheduled.
  3. Dec 01 2023
    DISTRIBUTED for Conference of 12/8/2023.
  4. Nov 08 2023
    DISTRIBUTED for Conference of 12/1/2023.
  5. Jul 20 2023
    Petition for a writ of certiorari filed. (Response due October 26, 2023)