Voip Pal Com Inc (VPLM)

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Among the seven amicus curiae briefs filed Monday with the U.S. Supreme Court in InvestPic, LLC, v. SAP America, Inc., Eagle Forum Education & Legal Defense Fund’s brief argues that the case demands a hearing because the Federal Circuit has added yet another extra-statutory test to the already distorted patentability jurisprudence.

In a decision of May 15, 2018 authored by Judge Taranto, the Federal Circuit found the patent claims of U.S. Patent No. 6,349,291 invalid because they were directed to an abstract idea and lacked an inventive concept necessary to save the invention under 35 U.S.C. § 101.

In the course of its opinion, the Federal Circuit created a “physical realm” test, which is nowhere to be found in 35 U.S. Code Section 101, having been wholly conjured by judges. Such a requirement to be eligible for a patent would render novel, useful, nonobvious inventions unpatentable—purely on grounds outside the statute and ill-suited for the Information Age.

The amicus curiae notes “a vast domain of subject matter that should be patentable” between truly abstract ideas and the physical. This includes, for example, “complex algorithms, software, computer.......


AMICUS BRIEFS ARE HARDLY FRIVOLOUS, LAST DITCH EFFORTS.....RATHER THEY ARE OFTEN EXTREMELY USEFUL TOOLS TO THE COURT'S UNDERSTANDING OF KEY ISSUES.