During the State Bar IP Academy in September, I discussed the Yu v. Apple case and patent eligibility. The Yu v. Apple case continues to make news. The owners of the digital camera patent that was invalidated as claiming an abstract idea have taken their case to the U.S. Supreme Court. They have alleged that "virtually every machine" using processors faces a similar fate under the current state of patent eligibility law. I am not one for hyperbole, but I agree that the current state of the law opens up even more patents in an important technological field to invalidity challenges. To me, patent eligibility has been and continues to be applied too broadly.
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