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Posts Tagged: Judge Lourie


While there can be disingenuous arguments made about the abstractness of a media product or a sponsor message who in their right mind could ever even suggest that an Internet website is abstract Is an Internet website abstract Is…

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The en banc Federal Circuit on September heard oral argument on whether to overrule its en banc decision in Cybor Corp v FAS Technologies Inc F d Fed Cir and hold that claim construction can involve issues of fact…

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Why have claims if the claims don't matter Essentially Judge Lourie and the Canadian Patent Office too are saying ignore the claims and read the specification to determine what the innovation is and then without regard to the language…

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The first thing that any student of the Federal Circuit likely notices when reading CLS Bank is that Judge Lourie not only joined the dominant concurrence but he also wrote the opinion The same Judge Lourie who wrote the…

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All the Judges rely on the same Supreme Court precedents in Gottschalk v Benson Parker v Flook Diamond v Diehr Bilski v Kappos and Mayo v Prometheus All the Judges recognize the same judicial exception to statutory subject matter…

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Perpetuating the myth that the computer is where the magic lies does nothing other than ignore reality Software is what makes everything happen or crying out loud software drives a multitude of machines Maybe the auto mechanic for Judges…

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The only thing we know is this the Federal Circuit issued an extraordinarily brief per curiam decision which stated Upon consideration en banc a majority of the court affirms the district court s holding that the asserted method and…

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Over a dissent by Judge Wallach Judges Clevenger and Lourie strictly interpreted the antecedent basis in the claims resulting in a reversal of the trial judge s claim interpretation and a remand for him to reconsider his patent infringement…

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BB B initially moved to dismiss Hall s complaint in accordance with Federal Rule of Civil Procedure b failure to state a claim on which relief can be granted The district court granted the dismissal of the complaint In…

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As Myriad has correctly pointed out in its brief in opposition to the grant of certiorari the question posed by the ACLU PubPat Are Human Genes Patentable is absolutely the wrong one to answer The first question presented by…

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Judge Richard Linn It is a pleasure for me to have the opportunity to honor my colleague and my dear friend Judge Pauline Newman To say that Judge Newman is a woman of accomplishment is a serious understatement There…

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The EPO applies what might be referred to as a subtraction test for claims containing a mixture of patent-eligible and patent-ineligible features those features that are patent-ineligible being disregarded and novelty and obviousness under aa and EPC being evaluated…

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