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Posted On: 12/17/2019 8:59:50 AM
Post# of 82676
$SFOR https://jmp.sh/YzSxKYb Indeed it's a big development on the patent front. We were waiting for this Solicitor General brief for quite some time as Berkheimer v. HP case was all over SFOR patent fight at Federal Court as well as at SCOTUS.
https://bit.ly/2Lbmqwv ( SFOR's Oct 10 PR )
In short, the Solicitor General is of the opinion that the overall lack of clarity regarding the fundamental issues surrounding patent-eligibility under 35 U.S.C. § 101 makes addressing the points of this Berkheimer premature.
Solicitor General begins his discussion with a blunt statement : "This Court's recent decisions have fostered uncertainty concerning those substantive Section 101 standards."
This uncertainty lies mainly in "the scope of the exceptions and the proper methodology for determining whether a particular patent implicates them."
https://bit.ly/2Lbmqwv ( SFOR's Oct 10 PR )
Quote:
In the meantime, StrikeForce continues to monitor the federal courts because there are several cases, including Berkheimer v. HP , currently pending in the Supreme Court , that could potentially change the legal landscape for challenging patents under § 101.
Additionally, U.S. Senators Thom Tillis (R-NC) and Chris Coons (D-DE), along with several other senators have released a bipartisan, bicameral draft bill that could reform § 101 of the Patent Act.
In short, the Solicitor General is of the opinion that the overall lack of clarity regarding the fundamental issues surrounding patent-eligibility under 35 U.S.C. § 101 makes addressing the points of this Berkheimer premature.
Solicitor General begins his discussion with a blunt statement : "This Court's recent decisions have fostered uncertainty concerning those substantive Section 101 standards."
This uncertainty lies mainly in "the scope of the exceptions and the proper methodology for determining whether a particular patent implicates them."
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