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August 30, 2016


A 10,000 foot approach is not appropriate: attention to detail is needed. Judges should keep their feet on the ground, as they did here.

This remains an isolated case, and actually highlights the problem inherent in the "effective writing - or re-writing - of patent law by the US Supreme Court.

Since the US Supreme Court laid out NO guidance as to what is the appropriate "level" to "Gist" any particular claim (there is NO 1 foot, 10 foot, 100 foot, 1,000 foot or 10,000 foot 'demarcations'), each and every court will be engaging in what can only be called an "arbitrary demarcation" effort.

For the "purists" that want to maintain that the Supreme Court has not violated the separation of powers outright and maintain that they have only "interpreted" existing statutory law, the problem remains that THEIR "interpretation" has rendered that underlying law Unconstitutional as being void for vagueness.

Draw a different judge or a different panel, and you are guaranteed to have very different results.

Congress simply must step in.

Sooner, rather than later.

@skeptical - Congress certainly should step in, but it seems to me that we've got lots of bigger problems than patent subject-matter eligibility. Don't hold your breath.

Yeah right,

I am sure that there are tons of other issues vying for attention.

It also does not help that with rulings like "Citizens United," Congressmen have plenty of other "voices" in their ears (and in their pockets).

But you will have to indulge me when I consider that innovation (which the patent system undoubtedly greatly amplifies) is an EASY way forward that brings a win/win to BOTH sides of the Quid Pro Quo.

If you just want to neigh-say; then consider yourself part of the problem.

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