Patently-O TidBits

• Four Patentable Subject Matter Cases (via Hal Wegner):
  • Microsoft v. AT&T (Supreme Court): Although not squarely raised, if the court discusses patentable subject matter, it will rule that software per se is not patentable.  Depending upon that ruling, it may eliminate business method patents as well.  An opinion is expected this spring.
  • In re Nuijten (Fed. Cir.): The Federal Circuit has heard oral arguments on this case, which focuses on patentability of a signal that is not tied to any particular physical form.  
  • Ex parte Bilski: This case is on appeal from the BPAI involving patenting of methods that could be "entirely performed within the human mind." (The PTO has rejected the application).
  • In re Comiskey: Comiskey was recently argued at the CAFC, and supplemental briefs filed on Section 101 issues that were raised sua sponte by the CAFC (Chief Judge Michel, Judges Dyk & Prost). This case involves a method that could be performed by humans without any machine as an aide.
• Thomas Ichim on YouTube discussing stem cell patents
• Aaron Barkoff on Bloomberg TV discussing reverse payment settlements.