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In simpler terms, the Court characterized the invention as "a method for distributing copyrighted media products over the Internet where the consumer receives a copyrighted media product at no cost in exchange for viewing an advertisement, and the advertiser pays for the copyrighted content." Beginning its substantive analysis, the Court recited the two-prong subject-matter eligibility test from .The first prong is to determine whether the claims are directed to a patent-ineligible law of nature, natural phenomenon, or abstract idea.

On a 12(b)(6) motion, and without construing the claims, the District Court held that the '545 patent does not claim patent-eligible subject matter under 35 U. Back in the Federal Circuit again, a unanimous panel of Chief Judge Rader, Judge O' Malley, and Judge Lourie once again reversed the District Court, finding that the claims did indeed address patent-eligible subject matter. On June 30th of this year, the Court granted the petition, vacated the Federal Circuit's judgment, and remanded the case back to the Federal Circuit for further consideration in view of the decision.

As many commentators have articulated since 2012's case, determining whether the breadth of a claim is appropriate is better served by conducting the well understood and more objective analyses of §§ 102, 103, and 112. § 101 is a threshold question, one that must be addressed at the outset of litigation," (2) that "no presumption of eligibility attends the section 101 inquiry," and (3) that . Herein, we will focus on the first and second points.

Despite the lack of any suggestion from Congress that § 101 is to be used for these purposes, the Supreme Court, now followed by the Federal Circuit, have made patentable subject matter a perverse weapon for the unsupported rejection and invalidation of claims. Judge Mayer wrote separately to make three distinct points: (1) "whether claims meet the demands of 35 U. Judge Mayer believes that "the section 101 determination bears some of the hallmarks of a jurisdictional inquiry" and therefore it should be addressed early in litigation. And even if it did, such a ruling would be in clear violation of the statute. If the test is to be decided on vague notions of whether a claim is "too abstract" or "too broad," what patenting strategy should be adopted?

Remember that some “repeat” questions are not verbatim.

The law may have changed, and according to exam takers, the PTO has altered/updated old questions for the current exam.

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