The oral argument of the week is Voxathon v. FCA, argued on December 5, 2016. The oral argument focuses on §101 issues. There was a brief portion of the oral argument where Judge Clevenger took the discussion in the direction of analogizing the abstract idea assessment to an infringement assessment. That is something that seems to have gotten lost in the §101 mess — claim scope is treated entirely differently for purposes of §101 than it is for §§271 (infringement), 102, or 103. To the extent possible, it would be beneficial if the judges of the Federal Circuit would invoke §271 principles as part of their analyses when evaluating §101.
You can listen to the oral argument [here].
You can review the court’s Rule 36 Judgment [here].