Patentability Of Predictive Analytics Post-Prometheus

Law360, New York (June 12, 2012, 12:43 PM EDT) -- As society collects more and more data regarding individuals, the market for products that evaluate this data, and particularly products that use the data to predict behavior (be it commercial or criminal), have exploded. Many of the companies and individuals developing these technologies seek to obtain patents to cover what they argue are new and inventive ways of evaluating data and making decisions based on that evaluation.

Courts have already begun to encounter such patents. In Cybersource Corp. v. Retail Decisions Inc., 654 F.3d 1366, 1367-68...
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