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Retirement Capital: Propriety of Post-Grant Proceedings Raising § 101 Issue

March 30, 2016| in Wegner's Writings| by Hal Wegner

This Friday the Court is scheduled to consider grant of certiorari in  Retirement Capital Access Management Co. LLC v. U.S. Bancorp, No. 15-591, where the firstQuestion Presented asks “[w]hether subject matter eligibility under 35 U.S.C. § 101 is a ground specified as a condition for patentability [for post-grant review] under 35 U.S.C. § 282(b)(2).”

If certiorari is denied, the decision is expected to be announced as part of the Orders List on April 4, 2016.  (The other likely alternative would be that there would be a second Conference that would be held April 15, 2016, with a decision April 18, 2016.)

The case is analyzed in Top Ten Patent Cases at pp. 21-22.

TopTenCases2016April1

Regards,
Hal

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