Supreme Court Report

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Plotagraph, Inc., et al. v. Lightricks, Ltd.

Paid petition · United States Court of Appeals for the Federal Circuit, No. 2023-1048 · judgment January 22, 2024


Certiorari denied · October 15, 2024
Pre-decision estimate: 5% cert probability (95% interval 3%–8%)

Before the decision, modestly above the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a Federal Circuit decision below, and a business petitioner, and down for a business respondent.

Question presented

Inventors Troy Plota, Sascha Connelly and Plotagraph, Inc (Plotagraph) own and practice five patents that disclose applications allowing users to create the illusion of movement within a digital photograph or video. Through a series of specific claimed steps, the patents allow a user to automate pixel shifting in digital photos or videos. The pixel shifting cannot be accomplished manually or with pen and paper. The question presented is: Whether the claims at issue in the Plotagraph patents are patent-eligible under 35 U.S.C. § 101, as interpreted in Alice Corporation Pty v. CLS Bank International, 573 U.S. 208 (2014) in view of the claims directed to computer animation as allowed in McRO, Inc. v. Bandai Namco Games America, 837 F.3d 1299 (Fed. Cir. 2016).

Counsel of record

For petitioner
David Arthur Walker
Schneider Wallace Cottrell Konecky LLP

For respondent
Jonathan Saul Franklin
Norton Rose Fulbright US, LLP

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, October 15, 2024 · Certiorari denied

Proceedings

  1. Oct 15 2024
    Petition DENIED.
  2. Sep 25 2024
    DISTRIBUTED for Conference of 10/11/2024.
  3. Sep 20 2024
    Waiver of right of respondent Lightricks, Ltd. to respond filed.
  4. Jun 24 2024
    Petition for a writ of certiorari filed. (Response due October 21, 2024)