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Article #36Arrhythmia v. Corazonix
From: Carl Oppedahl
Date: Wed, 08 Apr 1992 09:31
Date: Wed, 08 Apr 1992 09:31
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Someone recently posted a message mentioning a recent case decided by the U.S. Court of Appeals for the Federal Circuit, Arrhythmia v. Corazonix (March 12, 1992, 1992 US App Lexis 4202). Thank you, whoever it was. I wrote an article published today (April 6, 1992) discussing the case. Briefly, in the article I observe that while most CAFC cases to date have arisen during prosecution of a patent application, this one is perhaps the first in which the case reached the CAFC as a result of litigation where the issue was patentable subject matter. An accused infringer filed a motion in federal District Court asking that the patent be held invalid as not directed to patentable subject matter. The accused infringer argued the patent covered an algorithm merely. The District Court agreed, and granted the motion. On appeal, the CAFC reversed the finding of invalidity. The opinion discusses many of the often-cited cases about algorithms and patenting software, and the way I read it, the case comes out strengthening the situation for those who want to patent systems containing software. In a footnote I mention comp.patents as an active forum for discussion on this and related topics. Anybody who would like a copy of the article, please send a postal address. Carl Oppedahl 30 Rockefeller Plaza New York, NY 10112-0228 [mod- hmm, Maybe a post would be good...]
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Path: arc1-ca.pugleaf.net!sparky!uunet!paladin.american.edu!darwin.sura.net!mips!mips!munnari.oz.au!metro!cluster!0001811496@mcimail.com From: 0001811496@mcimail.com (Carl Oppedahl) Newsgroups: comp.patents Subject: Arrhythmia v. Corazonix Message-ID: <4617@cluster.cs.su.oz.au> Date: 8 Apr 92 09:31:16 GMT Sender: news@cluster.cs.su.oz.au Lines: 36 Approved: patents@cs.su.oz.au