Samuel Morse Could Patent Signals, But You Can't

Law360, New York (November 9, 2007, 12:00 AM EST) -- A recent decision by a three-judge panel of the Federal Circuit in In re Nuijten, No. 2006-1371, settles the question, at least for the moment, as to whether “signal” claims are patent-eligible subject matter: They are not.

The panel, consisting of Judges Gajarsa, Linn and Moore, split 2 to 1 on the issue, with Judge Gajarsa writing for the majority and Judge Linn issuing a dissent. As discussed in greater detail below, the majority and dissenting opinions differed in their interpretations of the meaning of “manufacture”...
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