Question 1: The 9th Circuit of the United States Court of Appeals (henceforth CoA9) has a long settled screenwriting case law regarding Desny claims or "idea submission implied contract" cases that the 2nd Circuit of the United States Court of Appeals (henceforth CoA2) has come to support based on an evaluation of industry standards and customs. Other circuits, including the 7th Circuit of the United States Court of Appeals (henceforth CoA7), do not place any weight on such industry standards and customs when evaluating these types of implied contracts. I.e., due to industry standards for screenwriting idea submissions some circuits feel that "an implied-in-fact contract may be created where the plaintiff submits an idea (the offer) that the defendant subsequently uses (the acceptance) without compensating the plaintiff (the breach)", while other circuits disregard industry customs for idea submissions and hold that an implied-in-fact contract is based upon whether "at the time the services were rendered, one party expected to receive payment and the other party intended to make payment." Thus, we have a circuit split regarding whether industry standards and customs should be considered as a factor during the analysis of perceived intent and duty of the implied contract parties of screenwriting idea submission cases. This split has adversely affected petitioner's intellectual property. It calls for the Supreme Court's attention.

Question 2: The Supreme Court of the United States (henceforth SCOTUS) has clearly distinguished Rule 60(b)(6) and 60(b)(1) motions. Can a court that has chosen to ignore this distinction declare that a party is unlikely to have the ability to cobble together a viable complaint and yet not exercise its discretion to be lenient on the timeliness of a Federal Rules of Civil Procedure (henceforth F.R.C.P.) rule 60(b) motion based on the consideration of the practical ability of the litigant. This disregard for the F.R.C.P. is a violation of petitioner's due process of law.

Whether industry standards and customs should be considered as a factor during the analysis of perceived intent and duty of the implied contract parties of screenwriting idea submission cases