Professor Lefstin鈥檚 Research Referenced in Federal Patent-Eligibility Case
Judge S. Jay Plager of the U.S. Court of Appeals for the Federal Circuit cited Professor Jeffrey A. Lefstin鈥檚 work on the history of the patent-eligible subject matter doctrine, in his decision for Interval Licensing LLC v. AOL, Inc., (Fed. Cir. 2018).
In his opinion, concurring-in-part and dissenting-in-part with the decision that affirms Rule 12 judgment on the pleadings of invalidity for claims directed to patent-ineligible subject matter, Judge Plager writes:
鈥淭hose who are familiar with the history of the Patent Act, when in 1952 the law of patenting was given a major statutory overhaul, will be the most puzzled. Is it the case that now, some 65 years later, we really have resurrected the concept of an 鈥榠nventive concept鈥?鈥
Judge Plager references the UC Law SF Professor by noting, 鈥淔or the history buffs, see Jeffrey A. Lefstin, Inventive Application: A History, 67 Fla. L. Rev. 565, 572鈥77 (2015).鈥
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