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A Patent Showdown Brewing Between Fed. Circ., High Court

Law360, New York (October 25, 2017, 1:04 PM EDT) -- Since as long ago as the famous case of O’Reilly v. Morse,[1] the U.S. Supreme Court has disparaged the notion that a patent could be obtained on claims to a “result” or “effect” (in Morse, the printing of intelligible characters at a distance). This principle, while sometimes appearing in different guises, runs true up and through the Supreme Court’s decision in Halliburton Oil Well Cementing Co. v. Walker,[2] which invalidated a claim reciting a tuning mechanism that performed the functions of a sound filter. The Federal...
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