{"id":8057,"date":"2016-09-07T09:06:02","date_gmt":"2016-09-07T15:06:02","guid":{"rendered":"http:\/\/www.717madisonplace.com\/?p=8057"},"modified":"2016-09-07T09:06:02","modified_gmt":"2016-09-07T15:06:02","slug":"oral-argument-of-the-month-iplearn-focus-llc-v-microsoft-corp","status":"publish","type":"post","link":"https:\/\/www.717madisonplace.com\/?p=8057","title":{"rendered":"Oral Argument of the Month: IPLEARN-FOCUS, LLC v. Microsoft Corp."},"content":{"rendered":"

The oral argument of the month is from\u00a0IPLEARN-FOCUS, LLC v. Microsoft Corp.<\/em>, No. 2015-1863 (Fed. Cir. July 11, 2016). \u00a0The issue in dispute was step two of the Alice\/Mayo test. \u00a0The Appellant argued that the claims, while broad, nevertheless did not recite a conventional<\/span> system when considered as an ordered combination<\/span>.<\/p>\n

The oral argument recording has a lot of interesting sound bites. \u00a0For example, Judge Linn made the astute point that under the current state of affairs, a claimed system that is entirely patent eligible under 35 U.S.C. \u00a7101 suddenly becomes patent ineligible when the claim is narrowed<\/span> to perform an arguably abstract function. [Listen<\/a>].<\/p>\n

The fact that a broad claim can become patent ineligible by making the claim narrower illustrates just how nonsensical the Supreme Court’s jurisprudence has become with respect to 35 U.S.C. \u00a7101 and how the Court has strayed from its original concerns about preemption. \u00a0The test for judicial exceptions is now the tail that wags the dog of patent eligibility.<\/p>\n

Judge O’Malley also proposed an example of a drone for delivering packages and asked why the function of package delivery should make a normally patent eligible drone suddenly patent ineligible. \u00a0At the 35 minute, 6 second mark, she also talks briefly about her change in position in the Ultramercial<\/span> case.<\/p>\n

At the 20 minute, 17 second mark, Judge Moore proposed a new claim\u00a0based on the Appellant’s specification, in which facial feature recognition techniques could be used to detect when a user’s attention has drifted away from a computer screen. In jest, she suggested that her system could be used to monitor the PTAB’s hoteling judges. \u00a0[Listen<\/a>]. \u00a0I suppose their retort, equally in jest, might be: \u00a0“Thank you for the helpful suggestion on how we can improve our production. \u00a0Some day we hope to have a small brigade of judicial clerks of our own and a heavy club like your Rule 36 \u00a0to help us attack our workload.<\/em>”<\/p>\n

The panel decided the case by a Rule 36 Judgment, available [here<\/a>].<\/p>\n

You can listen to the entire oral argument [here<\/a>].<\/p>\n","protected":false},"excerpt":{"rendered":"

The oral argument of the month is from\u00a0IPLEARN-FOCUS, LLC v. Microsoft Corp., No. 2015-1863 (Fed. Cir. July 11, 2016). \u00a0The issue in dispute was step two of the Alice\/Mayo test. \u00a0The Appellant argued that the claims, while broad, nevertheless did not recite a conventional system when considered as an ordered combination. The oral argument recording […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[5,17],"tags":[],"_links":{"self":[{"href":"https:\/\/www.717madisonplace.com\/index.php?rest_route=\/wp\/v2\/posts\/8057"}],"collection":[{"href":"https:\/\/www.717madisonplace.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.717madisonplace.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.717madisonplace.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.717madisonplace.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=8057"}],"version-history":[{"count":32,"href":"https:\/\/www.717madisonplace.com\/index.php?rest_route=\/wp\/v2\/posts\/8057\/revisions"}],"predecessor-version":[{"id":8095,"href":"https:\/\/www.717madisonplace.com\/index.php?rest_route=\/wp\/v2\/posts\/8057\/revisions\/8095"}],"wp:attachment":[{"href":"https:\/\/www.717madisonplace.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=8057"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.717madisonplace.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=8057"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.717madisonplace.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=8057"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}