No. 18-1274

In Re Urvashi Bhagat

Lower Court: N/A
Docketed: 2019-04-04
Status: Denied
Type: Paid
Amici (2)Response Waived
Tags: 35-usc-101 administrative-procedure administrative-procedure-act bilski-v-kappos federal-circuit-discretion graham-v-deere graham-v-john-deere judicial-discretion patent-eligibility patent-eligibility-35-usc-101 patent-law statutory-interpretation supreme-court-precedent uspto-discretion
Latest Conference: 2019-05-09
Question Presented (from Petition)

Whether the United States Patent and Trademark Office (USPTO) abused its discretion by refusing to allow claims that passed every single requirement of Title 35 of the United States Code by insisting these perfectly patent-eligible claims must pass the extra-statutory requirements of "transformation" and "invention."

Whether the United States Court of Appeals for the Federal Circuit abused its discretion under the statutory requirements set forth by the Administrative Procedure Act (APA), Title 5 U.S.C. §706 by refusing to set aside a USPTO decision that is arbitrary, capricious, and not in accordance with statutory law or this Court's precedent.

Question Presented (AI Summary)

Whether the USPTO abused its discretion by refusing to allow claims that passed every requirement of Title 35 by insisting on extra-statutory requirements of 'transformation' and 'invention'

Docket Entries

2019-07-15
Rehearing DENIED.
2019-06-20
DISTRIBUTED.
2019-06-07
2019-05-13
Motion for leave to file amicus brief filed by Mr. Marcos Gonzalez GRANTED.
2019-05-13
Petition DENIED.
2019-05-03
Motion for leave to file amicus brief filed by Mr. Marcos Gonzalez. (Distributed)
2019-04-30
Blanket Consent filed by Petitioner, Urvashi Bhagat.
2019-04-29
Letter of April 24, 2019, from petitioner received.
2019-04-23
DISTRIBUTED for Conference of 5/9/2019.
2019-04-10
Waiver of right of respondent United States to respond filed.
2019-03-30
Petition for a writ of mandamus filed. (Response due May 6, 2019)

Attorneys

Mr. Marcos Gonzalez
Burman York Mathis Jr.Law Offices of B. Y.. Mathis, Amicus
United States
Noel J. FranciscoSolicitor General, Respondent
Urvashi Bhagat
Urvashi Bhagat — Petitioner