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Fed. Circ. Didn't Create 'Physical Realm' Test, Justices Told

Law360 (May 16, 2019, 7:31 PM EDT) -- The Federal Circuit never created a test to bar patents for inventions not in the "physical realm," so the U.S. Supreme Court has no reason to take up a case challenging that test, SAP America Inc. told the justices Wednesday.

SAP urged the high court to deny InvestPic LLC's March petition for a writ of certiorari, saying there’s "no question worthy of the court’s review." The petition is based on a false interpretation of the Federal Circuit's unanimous finding that InvestPic's patent isn't eligible for protection, the opposition states.

The Federal Circuit had upheld a Texas federal judge's ruling that InvestPic's...

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Attached Documents



Case Information

Case Title

Subscribers Only

Case Number

Subscribers Only


Supreme Court

Nature of Suit

830 Patent Infringement (Fed. Question)

Date Filed

March 14, 2019

Law Firms


Government Agencies