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)…
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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…
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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…
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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…
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