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« Conference & CLE Calendar | Main | Who's in Charge Here? Or Is the PTAB Bound by USPTO Guidances? »

February 18, 2018


"[H]ow can the determination of whether an invention involves significantly more than well-known, conventional, and routine features be anything less than a factual inquiry in at least some situations? What is well-known, conventional, and routine is defined by the prior art, and whether an invention is a technical improvement over this art should not be subject to sweeping and conclusory statements."

Please stop making sense when it comes to 101, making sense goes against supreme court precedent.

/end sarcasm/

Seriously, it took them a while, but maybe the CAFC has finally found a way to limit the effect of Alice. Or maybe there are enough other judges on the CAFC who've drunk the Kool-Aid to say en banc that 101 doesn't involve any factual inquiries, and the district courts and the PTAB are free to continue unabated to invalidate patents under the charade of 101.

Query: CAFC as intentional instigators of legislative solutions through more impossible to harmonize “precedential” opinions?

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