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« Amicus Briefs in Support of Sequenom's Petition for Rehearing En Banc: Novartis AG | Main | PLI Patent Litigation 2015 »

September 24, 2015


"Unfortunately for the applicants here, the examiners' rejections of both applications were ultimately upheld on other grounds."

What a pity. That means we'll never get a chance to see those junk claims tanked under 101 which is plainly what should have happened here.

"While the blessing of the PTAB is in no way a guarantee that a reviewing court will come to the same conclusion"

No kidding. It's actually worse than "no guarantee." When it comes to subject matter eligibility, the PTO's reasoning and decision-making is next to worthless unless their hand is being held by an actual patent attorney who knows what subject matter eligibility is, why it exists, and how it works.

"Particularly, both claim sets involve or incorporate a physical-world aspect."

If you are suggesting to your readers that "incorporate a physical-world aspect" makes their claims more likely to pass 101, congrats! You are learning. If you are suggesting that such "incorporation" ends the analysis or even comes close to ending the analysis, then you are doing a grave disservice to your less intelligent readers who don't know any better.

"Notoriously unclear and difficult to apply in practice"

LOL. It helps if you actually try to understand. In most cases it's quite simple and straightforward.

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