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CAFC’s Plager says “emperor clearly has no clothes” on Section 101

Michael Loney, New York

Judge Plager criticises “incoherent body of doctrine”, noting the problem with trying to define “abstract ideas” is that, “as applied to as-yet-unknown cases with as-yet unknown inventions, it cannot be done except through the use of equally abstract terms”

Federal Circuit building 285

Federal Circuit Judge Jay Plager has written a scathing criticism of “the incoherent body of doctrine” around Section 101, which determines subject matter eligibility for patents.

The Federal Circuit in a routine Section 101 decision in Interval Licensing v AOL...

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