Case Study: Fort Properties V. American Master Lease

Law360, New York (March 13, 2012, 1:34 PM EDT) -- On Feb. 27, 2012, in Fort Properties Inc. v. American Master Lease LLC, 2009-1242 (Fed. Cir. 2012), the United States Court of Appeals for the Federal Circuit upheld a district court ruling invalidating process patent claims under 35 USC § 101 as being too abstract.

Patentee American Master Lease LLC (“AML”) claimed methods of creating real estate investment instruments with tax advantages. For example, a claim recited aggregating real property into a portfolio, encumbering the property with a master agreement, and creating shares of the portfolio...
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