Saturday, November 05, 2011

Fuzzysharp Bilski'd

From the end of the nonprecedential opinion in Fuzzysharp v. 3DLabs:

Because the Supreme Court in Bilski held that failing to satisfy the machine-or-transformation test does not necessarily render claims unpatentable, the basis for the district court’s decision is no longer sound. Moreover, we conclude that under the Supreme Court’s decision in Bilski and our own more recent precedents, the patent eligibility of at least one of the asserted claims turns on questions of claim construction that the district court did not have the opportunity to address. Because the parties have not briefed those claim construction issues, we leave the task of construing the claim limitations in question to the district court. Wavetronix LLC v. EIS Elec. Integrated Sys., 573 F.3d 1343, 1355 (Fed. Cir. 2009) (“Although claim construction is a question of law, we generally refuse to construe claims in the first instance.”) We therefore vacate the judgment of the district court and remand to that court for further proceedings.


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