Monthly Archives: February 2014

Lightning Ballast II – Judge Lourie Tries to Get to “The Facts of the Matter”

After reading all 88 pages of this very scholarly opinion which left patent law right where it was post-Cybor – no matter how much weight the parties and amici felt stare decisis deserved – I went back and read Judge Lourie’s concurrence. It is mercifully … Continue reading

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Federal Circuit Reaffirms Cybor Standard in Lightning Ballast Rehearing

On Friday, a narrow majority of the Fed. Cir. sitting en banc, reaffirmed that claim interpretation is a question of law, to be reviewed de novo upon appeal to the Fed. Cir. (A copy of the decision can be found below.) … Continue reading

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CLS v. Alice Bank And The Cult Of The “Abstract Idea”

Ex-Judge Michel’s compelling amicus brief – more on that in a future post—prompted me to take a quick look back at the evolution “abstract idea” as a patent-ineligible category of invention. This category of patent-ineligible invention is listed, along with … Continue reading

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