The Narrowing Of Patentable Subject Matter By The Federal Circuit: In re
Nuijten And In re Comiskey

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| Until very recently, the scope of patentable subject matter under the Patent
| Act encompassed four categories – process, machine, manufacture, or
| composition of matter. These were broadly construed to encompass just about
| anything manmade. However, with the In re Nuijten and In re Comiskey
| opinions, explained and compared in this article, the Federal Circuit
| substantially narrowed what was previously thought to be within the purview
| of 35 U.S. C. § 101. The Federal Circuit held that a business method, if not
| combined with a machine, is not patentable, and that a signal, on its own, is
| similarly not patentable. These decisions create three new conditions for
| patentability not previously recognized by case law: a "technological arts"
| requirement, a "non-transience requirement, and a "tangibility" requirement.

Other patent/IPR news:

Appeals court rules against Google in patent suit

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| An appeals court has reinstated a patent lawsuit filed against Google over a
| toolbar feature called AutoLink that provides links to online maps or books
| on, according to a Bloomberg News report.

Chinese court dismisses trademark suit against Google

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| A court in China has dismissed a trademark lawsuit filed against Google,
| according to a report on that was translated into English and
| posted on Pacific Epoch.

RIM seeks patent for angled Blackberry keyboard

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| Just when you've gotten to the point where you can type on your BlackBerry
| upside down in the dark, they're thinking about changing the keyboard.

Don't many ergonomic keyboards already serve as prior art?

Quote for the day:

"trangely, after the court of appeals decision [denying public access to the
depositions], [Mr. Gates] suddenly became available for tomorrow morning."

--David Boies, Special trial counsel for the DOJ


Grisoft subpoenas Microsoft

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| The website, alleges Grisoft, infringes its copyrights and trademarks.
| The lawyers said: "The website's proponent, with MSN's facilitation, is
| taking a 'free ride' on our clients rights" and the proponent of the website
| is distributing AVG software for a fee. *

School sues Microsoft over copyright

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| But it's complicated because the wire reports Microsoft Philippines bought
| licences to print the manual back in 2004.

Microsoft to eBay name for $1m

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| Portuguese outfit Microsoft Lda aims to cash in on its name by eBaying the
| brand and business for a starting price of $1m, Reuters reports.

Portuguese firm Microsoft to auction name on eBay


Microsoft infringing on one of Apple Patents?

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| Keep in mind I am not a patent researcher, and I am sure Apple is not
| going to sue Microsoft for abusing one of their patents, but it does
| at least look like Microsoft is abusing this patent.

Handling of Microsoft's copyleft violation

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| A member of the Microsoft packaged software team lifting one of my
| images is definitely a case where the infringing party should have
| known better, as the company routinely takes action to protect its
| own IP.