High Court Won't Weigh If Patentability Is Jurisdictional Test

Law360, New York (February 19, 2013, 5:40 PM EST) -- The U.S. Supreme Court on Tuesday refused to hear a Computer Packages Inc. appeal over a finding that it violates a WhitServe LLC patent renewal reminder service, in a case questioning whether district courts must determine patentability as a jurisdictional issue.

Without comment, the high court denied CPI's petition for a writ of certiorari, which argued WhitServe's patents are invalid because, as CPI claims, they cover an abstract subject matter that falls outside the scope of what is patentable. The decision keeps in place a jury's...
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