“The only thing clear about the appropriate test for patent-eligible subject matter is that it is unclear.”

Last week a Marshall jury found by clear and convincing evidence that, from the perspective of a person of ordinary skill in the art, the asserted claims only involved activities that were well-understood, routine, and
conventional as of the relevant date. But why were they asked this?

Painstaking: Findings and Conclusions on Section 101 Claims

I thought superdetailing the 1/200 CSM and LM for my Apollo 11 Saturn V was painstaking – until I read the attached 32 pages of findings of fact and conclusions of law on a defendant’s assertion that four claims were invalid as being directed toward ineligible subject matter. The Court concluded that one claim was invalid, but the other three were not. If you’re interested in detailed Section 101 analysis – this is the order you want. On the other hand, if you’re interested in scratchbuilt models of NASA hardware … I highly recommend you look into golf or fishing instead.

Section 101 Motion Denied by Newest EDTX Judge

Following the addition of U.S. District Judge Jeremy Kernodle to the Eastern District of Texas bench late last year, most of the Tyler docket, including this case, was reassigned from Judge Gilstrap and Judge Schroeder to Judge Kernodle. Judge Kernodle just entered an order denying the defendant’s renewed motion to dismiss for failure to state a claim which argued that the patents in suit claimed ineligible subject matter.