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January 14, 2016

Comments

"The District Court followed the now traditional two-step test for distinguishing patents that claim laws of nature, natural phenomena, and abstract ideas from those that claim patent-eligible applications of those concepts."

Hey Joe,

"Traditional" only because the Royal Nine has mandated it in Alice by judicial fiat, and not based on logic, reason, or compliance with the express language of Section 101.

"and then forced the conclusion through somewhat of a conclusory opinion."

That's just wrong (from a fundamental legal position that laws - and here the application of law of 101 - should not be vague and so manipulable).

A "standard" that is so malleable so as to be able to arrive at "whatever" conclusion is desired - by the judge(s) - is not a standard at all.

There is NO notice function here.
There is only "luck of the draw."

If one cannot tell - at the onset - then the law (or here, the standard that 'tells you' the law) is void for vagueness.

The Court has re-written the open gate of 101 into an unconstitutional morass (and the void for vagueness problem is just not the only constitutional problem afoot - think separation of powers as well).

Alas, it appears that we must fully crash this clown-car before we grasp the extent of damage of what the Court has done.

The comments to this entry are closed.

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