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March 27, 2019


Symantic was a "pong," but we now have had two "pings" in a row with this case (SRI) and the PTAB "informational" Ex parte Smith.

Wrecking the rhythm...

Hey Skeptical,

We just got another "pong." See ChargePoint Inc. v. Semaconnect Inc. issued by the Federal Circuit today (opinion by Prost, joined by Reyna Taranto). In applying the nonsensical and broken Mayo/Alice framework, patent-eligibility appears to hinge on the luck of the Federal Circuit panel drawn. Time to get out the Ouija Board again.


Perhaps the lesson is that ANY innovation related to "electric grids" need not apply for patents.

Like Electric Power Group, the applicant in the ChargePoint case was attempting to patent innovation involved with electric grids.

(which may mean that the curtailing of Electric Power Group's "Just say no" effects on computing systems in general may still be in effect)

By the way, with just a very quick read, the ChargePoint decision appears to be creating more Common Law law writing as pertains to "directed to" and appears to add some real difficulties in regards to "patent profanity" by now "Gisting" from the specification [in addition to "Gisting" from the claims).

Additionally, breadth is now being attacked (as if having broad claims is not allowed under the law). The CONFLATION of patent law is being advanced with this mess of a decision.

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