When to Apply Section 101? Federal Circuit Divided

Should a court should evaluate patent claims for statutory subject matter under 35 U.S.C. § 101 before or after considering validity based on prior art?  In MySpace, Inc. v. Graphon Corp., No. 2011-1149 (Fed. Cir. March 2, 2012)… Read More

Patentable Subject Matter: New Federal Circuit Case

Yet another post-Bilski pronouncement: the Federal Circuit has held that patent claims directed to “an investment tool designed to enable property owners to buy and sell properties without incurring tax liability” do not recit… Read More

Will the Supreme Court Revisit Software Patents?

Last fall, in Ultramercial, LLC v. Hulu, LLC [1], the Federal Circuit Court of Appeals surprised many people by upholding a patent claim, reproduced in footnote [2], directed to a “method for distribution of products over th… Read More

Is Software Patentable? A Look at How the Patent Office Answers the Question

The landmark U.S. Supreme Court decision of Bilski v. Kappos, 130 S. Ct. 3218, 3225 (2010), failed to provide a clear test for patentable subject matter.  That was over a year-and-a-half ago.  Are there now, I wondered, any tren… Read More

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