INTELLECTUAL PROPERTY CLIENT ALERT: Federal Circuit Sidesteps The Morass Of 35 U.S.C. § 101 Jurisprudence

    View Author 23 March 2012
    In Myspace, Inc. v. GraphOn Corp., No. 2011-1149 (Fed. Cir. Mar. 2, 2012), Federal Circuit upheld a District Court ruling that invalidated four GraphOn Corp. patents directed to methods and an apparatus that allows a user to create, modify, and search for a database record over a computer network. This case provides a guideline for courts to evaluate a patent under § 102 of the patent statute (anticipation), § 103 (obviousness) and § 112 (written description and enablement), rather than the “swamp of verbiage that is section 101.”