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« Court Report | Main | King Drug Co. of Florence, Inc. v. SmithKline Beecham Corp. (3rd Cir. 2015) »

June 29, 2015

Comments

Thanks Eddie and Mike for the great writeup.

A hypothetical: if Planet Blue had added "non-obvious software steps" (definition below) to the claim, then do you think the court would have found the claim to be patent eligible?

By "non-obvious software step(s)" I mean step(s) that (1) include operations and/or structures that are specific to software, e.g., "push an element onto a stack," and (2) are not obvious when one implements a well-known "abstract idea" (e.g., lip synchronization) in software.

Possibly, though the issue here seems to be that the least obvious software step was vaguely defined. This is a tortured analysis at best, but we know from Ultramercial and other cases claims can be novel and non-obvious but still abstract.

Thanks Mike.

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