Method claims of the ’310 and ’228 patents claim patent-eligible subject matter, so the Federal Circuit reverses the district court on that point. The Federal Circuit also finds that claim 29 of the ’305 patent deserves the earlier filing date and thus reversed the district court’s effective date ruling and remanded. At the same time, the Federal Circuit affirmed the district court’s decision that claims 4 and 63 of the ’772 patent are not entitled to the earlier effective filing date.
The Court's ruling on the issue of 35 USC 101 seems particularly noteworthy because of its broad conception of patent-eligible subject matter: a "disqualifying characteristic exhibit[ed] so manifestly as to override the broad statutory categories of eligible subject matter and the statutory context that directs primary attention on the patentability criteria of the rest of the Patent Act."
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Intellectual Property Updates
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