Great question Risk. The Supreme Court wants the o
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Posted On: 02/25/2019 9:50:43 PM
Re: riskreward007 #49994
Great question Risk. The Supreme Court wants the opportunity to have a voice on this issue with the Berkheimer vs HP case because even though the Supreme Court ruled that the US Patent Office has the right to determine Patent eligibility the USPTO is obviously are still being challenged and embarrassed. The 'Abstract Alice 35-101' was not intended to be used by Judges/Courts as a 'Judicial Exemption' or, in other words, a 'Court exemption' to the US Patent office' decisions on whether a patent is valid or not. Note what the Supreme Court just said in a unanimous decision on January 8, 2019 :
The Court unanimously held that the exception does not apply. The reason is simple. As Justice Kavanaugh explained, acknowledging that the FAA (Federal Arbitration Act) had been adopted by Congress and signed by the President: “The short answer is that the Act contains no [such] exception, and we may not engraft our own exceptions onto the statutory text.”
https://www.ipwatchdog.com/2019/01/11/new-cou...id=104975/
In the Henry Schein, Inc. v. Archer & White Sales, Inc, it was a case examining a judicially-created exception to the Federal Arbitration Act, may hold clues to how the Supreme Court will approach patent eligible subject matter going forward . Specifically, the three judicial exceptions to patent eligibility could be found, unanimously, inapplicable at the Court’s next review of the issue.
The Court unanimously held that the exception does not apply. The reason is simple. As Justice Kavanaugh explained, acknowledging that the FAA (Federal Arbitration Act) had been adopted by Congress and signed by the President: “The short answer is that the Act contains no [such] exception, and we may not engraft our own exceptions onto the statutory text.”
https://www.ipwatchdog.com/2019/01/11/new-cou...id=104975/
In the Henry Schein, Inc. v. Archer & White Sales, Inc, it was a case examining a judicially-created exception to the Federal Arbitration Act, may hold clues to how the Supreme Court will approach patent eligible subject matter going forward . Specifically, the three judicial exceptions to patent eligibility could be found, unanimously, inapplicable at the Court’s next review of the issue.
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