On May 15, SAP America, Inc. filed a respondent’s brief with the Supreme Court in InvestPic, LLC v. SAP America Inc., a case in which InvestPic’s patent claims covering systems and methods for performing statistical analyses of investment information were invalidated under 35 U.S.C. § 101. Petitioner InvestPic is asking the nation’s highest court to determine whether the “physical realm” test for patent eligibility under Section 101 that the Court of Appeals for the Federal Circuit applied contravenes both the Patent Act and SCOTUS precedent. SAS’ brief contends in response that the mentions of “physical realm” are scant in the case record and that the present case provides a “textbook application” of Supreme Court precedent on claims involving mathematical equations.
Recent Posts
- CAFC Finds IPR Petitioner Did Not Rely on AAPA as Basis for Obviousness Grounds in Affirming PTAB Invalidation
- Foreign Price Controls: A Risk to U.S. Medical Innovation and Patient Access
- Other Barks & Bites for Friday, July 11: EGC Affirms Annulment of Rubik’s Cube Marks; Sysco Trade Secret Case Dismissal Affirmed by Fourth Circuit; and EU Advocate General Finds Member States Can Impose Measures to Protect News Content on Meta Platforms
- EU Publishes Code of Practice as Deadline for AI Act’s Provisions on General-Purpose AI Models Nears
- Will the Federal Circuit Finally Follow Supreme Court Holdings on the Unavailability of the Laches Defense?