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IP Update

Supreme Court Denies Petition for Certiorari in Nuijten v. Dudas

October 6, 2008

On October 6, 2008, the United States Supreme Court denied the petition for a writ of certiorari filed in Petrus A.C.M. Nuijten v. Dudas, Docket No. 07-1404. 555 U.S. ____ (Oct. 6, 2008). The petition sought review of a 2-1 decision by a panel of the Court of Appeal for the Federal Circuit holding that a “transitory, propagating signal” is not patentable subject matter under 35 U.S.C. § 101. In re Nuijten, 500 F.3d 1346, 1357 (Fed. Cir. 2007).

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Federal Circuit Restricts Patent Protection Available to Business Methods and Signal Claims Under 35 U.S.C. § 101