January 22, 2016
The Unpatentable Mind
First Choice Loan Services sued Mortgage Grader for infringing its financial transaction patents. In light of the Supreme Court's Alice decision, the district court found the patent claims directed to unpatentable abstract ideas. The CAFC affirmed (2012-1042). "Computational methods which can be performed entirely in the human mind are the types of methods that embody the 'basic tools of scientific and technological work' that are free to all men and reserved exclusively to none."
Commil USA v Cisco (CAFC 2012-1042) illustrates the incompetence of the patent law system in the US. The case went up to the Supreme Court and back down to the CAFC before being settled on a rather simple, well-established technical fact of non-infringement: Cisco did not run a claimed protocol at each mobile device. Instead, Cisco used a single copy of the protocol for all connected devices. This overturned a jury verdict which the district court judge had let stand. The CAFC panel noted that "a reasonable jury" could not have found what it did. Which is to say the reasonable juries do not exist. Not to mention district court judges on up.