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Judge Newman highlights vagaries of Section 101 jurisprudence

Peter Leung, Washington DC

Federal Circuit Judge Pauline Newman's questions in Morsa v Facebook showed frustration at the tendency of post-Alice Section 101 analysis to overlap with other parts of the patent law

The patents Steven Morsa asserted against Facebook relate to the placement and prioritisation of internet advertisements based on bidding and demographic information. The trial court granted Facebook's motion for judgment on the pleadings, finding that the invention was ineligible subject...

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