The Finger to the Wind test

The oral argument of the day is from Performance Pricing Holdings v. Google. The arguments against the Federal Circuit’s application of Alice are getting more and more articulate. I thought this oral argument was a great example. The rebuttal argument by the appellant/patent owner’s attorney is presented below. I was particularly fond of the comparison of the Alice test to “a finger to the wind.”

You can listen to the entire oral argument here:

You can study the court’s Rule 36 Judgment here: [link].

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