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More Than Lip (Sync) Service: McRO's Guidance For USPTO

Law360, New York (October 26, 2016, 3:03 PM EDT) -- On Sept. 13, 2016, the Federal Circuit issued its decision in McRO Inc. v. Bandai Namco Games America Inc., et al., Nos. 2015-1080-1090, 1092-1101, ___ F.3d ___, 2016 WL 4896481 (Fed. Cir. Sept. 13, 2016), reversing the Central District of California, and finding the patents-at-issue covered patentable subject matter under 35 U.S.C. § 101. In doing so, the Federal Circuit reiterated and reconfirmed certain rules on patent eligibility.

In brief, the Federal Circuit (1) reiterated its caution against oversimplifying patent claims to the point that any invention...
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