No. 21-1281

Interactive Wearables, LLC v. Polar Electro Oy, et al.

Lower Court: Federal Circuit
Docketed: 2022-03-22
Status: Denied
Type: Paid
CVSGAmici (1)Response RequestedResponse WaivedRelisted (3) Experienced Counsel
Tags: 35-usc-101 abstract-idea claim-construction enablement judicial-exceptions legal-standard patent-eligibility patent-subject-matter section-101 two-step-framework
Latest Conference: 2023-05-11 (distributed 3 times)
Question Presented (from Petition)

The patents-in-suit are directed to an electronic hardware device comprising a content player/remote-control combination having numerous concretely-recited components that undisputedly qualifies as a "machine" or "manufacture" under the statutory language of 35 U.S.C. § 101. Nevertheless, the court below found the claims of the patents-in-suit invalid under Section 101, on a motion to dismiss, for claiming nothing more than the abstract idea of "providing information in conjunction with media content." As a justification for disregarding each recited structural component from its characterization of what the claims are "directed to," the court resorted to a factual, enablement-style analysis of the level of detail in the specification and declared it insufficient to support patentability.

The questions presented are:

1. What is the appropriate standard for determining whether a patent claim is "directed to" a patent-ineligible concept under step one of the Court's two-step framework for determining whether an invention is eligible for patenting under 35 U.S.C. § 101?

2. Is patent eligibility (at each step of the Court's two-step framework) a question of law for the court based on the scope of the claims or a question of fact for the jury based on the state of art at the time of the patent?

3. Is it proper to apply 35 U.S.C. § 112 considerations to determine whether a patent claims eligible subject matter under 35 U.S.C. § 101?

Question Presented (AI Summary)

What is the appropriate standard for determining whether a patent claim is 'directed to' a patent-ineligible concept under step one of the Court's two-step framework for determining whether an invention is eligible for patenting under 35 U.S.C. § 101?

Docket Entries

2023-05-15
Petition DENIED. Justice Kavanaugh would grant the petition for a writ of certiorari.
2023-04-19
DISTRIBUTED for Conference of 5/11/2023.
2023-04-19
Supplemental brief of petitioner Interactive Wearables, LLC filed. (Distributed)
2023-04-19
Supplemental brief of respondents Polar Electro Oy, et al. filed. (Distributed)
2022-10-03
The Solicitor General is invited to file a brief in this case expressing the views of the United States.
2022-07-13
DISTRIBUTED for Conference of 9/28/2022.
2022-07-11
Reply of petitioner Interactive Wearables, LLC filed. (Distributed)
2022-06-27
Brief of respondents Polar Electro Oy, et al. in opposition filed.
2022-05-18
Motion to extend the time to file a response is granted and the time is extended to and including June 27, 2022.
2022-05-17
Motion to extend the time to file a response from May 27, 2022 to June 27, 2022, submitted to The Clerk.
2022-04-27
Response Requested. (Due May 27, 2022)
2022-04-21
Brief amici curiae of Chicago Patent Attorneys filed. (Distributed)
2022-04-20
DISTRIBUTED for Conference of 5/12/2022.
2022-04-13
Waiver of right of respondent Polar Electro Oy, et al. to respond filed.
2022-03-18
Petition for a writ of certiorari filed. (Response due April 21, 2022)

Attorneys

Interactive Wearables, LLC
Jeffrey B. WallSullivan & Cromwell LLP, Petitioner
Andrea PacelliKing & Wood Mallesons LLP, Petitioner
Polar Electro Oy, et al.
Anthony James FugaHolland & Knight LLP, Respondent
The Chicago Patent Attorneys
Kevin Edward NoonanMcDonnell Boehnen Hulbert & Berghoff LLP, Amicus
United States
Elizabeth B. PrelogarSolicitor General, Amicus