Fed. Circ. Won't Revive Forehead Thermometer Patent

By Kevin Penton (June 22, 2016, 4:44 PM EDT) -- The Federal Circuit on Wednesday affirmed a Massachusetts federal court's ruling that portions of a patent covering Exergen's forehead thermometer are invalid because they claim a natural phenomenon and do not otherwise add an inventive concept.

The appellate court panel upheld an analysis by U.S. District Judge Denise J. Casper that the asserted claims of Exergen Corp.'s patented forehead thermometer are invalid because they are based on a relationship between skin and body temperature, which is naturally occurring, according to its one-sentence order.

The claimed invention involves a hand-held device that uses mathematical formulas to display a person's core body temperature...

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