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« Conference & CLE Calendar | Main | New CRISPR Interference: The Details »

July 07, 2019

Comments

Two thoughts here:

Part 2 is a definite "win" for patent holders, in at least in the continuing vain that "facts matter," that claims must be treated as a whole and not parsed, and that eligibility is ALSO part of the presumption of validity.

Part 1 -- if a win at all -- is a pyrrhic one, and at a minimum shows that the courts will continue to play "Ping-Pong" with what "directed to" means as far as that undefined "Abstract" thing. Further, adding yet another case such as this that reflects (NCONSISTENTLY) to such a case as EPG can only exacerbate PROSECUTION of patent applications under the 2019 published eligibility protocol (which expressly stepped away from the "Gordian Knot" effect of more and more rope being added to the jumbled mess of a knot of Common Law re-scrivened jurisprudence on 35 USC 101).

This case actually emphasizes that Congress needs to step up tot he plate and abrogate the mess that the courts are refusing to clean up.

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