The more you examine the Court of Appeals for the Federal Circuit’s recent decision in Secured Mail Solutions v. Universal Wilde, which upheld the district court’s ruling that Secured Mail’s seven asserted patents were ineligible for patenting under 35 U.S.C. Section 101, the more you find its logic curiouser and curiouser, as Lewis Carrol’s Alice might have put it.
In his Patent and Trademark Law column, Robert L. Maier writes: In recent weeks, the Federal Circuit has continued to affirm district court decisions finding software-related patents invalid for failure to meet the patentable subject matter requirement of 35 U.S.C. §101. At the same time, a petition for certiorari to the Supreme Court was filed seeking to challenge the availability of this very defense—a petition that, if heard by the Supreme Court, could have dramatic implications for U.S. patent litigation.
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