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Sunday, 01/22/2017 10:53:37 AM

Sunday, January 22, 2017 10:53:37 AM

Post# of 46699
Another good article that talks about a case i am sure WDDD will use here versus 101

The article below is about itagaki but that is unrelated - what is of interest is the discussion on the McRO case which is a clear precedent for WDDD and actually involved the CAFC OVERTURNING a 101 ineligibility at the District Court level

http://www.ipwatchdog.com/tag/ex-parte-hiroyuki-itagaki/


In the the McRO’s case, the Federal Circuit overruled the decision of district court which considered lip-synchronizing software ineligible under section 101 And while deciding this matter, the Federal Circuit said “the claimed improvement here is allowing computers to produce ‘accurate and realistic lip synchronization and facial expressions in animated characters,’ which could previously only have been produced by human animators.” Furthermore, the stance of the panel with respect to McRo’s invention is interesting because the invention did not change the nature of computer’s operability in terms of tangible aspects such as speed and memory, but only made it simpler for human animators to animate 3D characters, which could have been done by using pencils, pens and other manual artistic tools.

Similarly, in Enfish LLC v. Microsoft, the installed software improved the way computers operate. However, both of these inventions were held patent eligible despite involving an “abstract idea”.