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USPTO: No Change to Software Patent Eligibility Examination After CLS Bank

In a memo dated May 13, 2013, the USPTO told its Patent Examining Corps that the Federal Circuit’s decision in CLS Bank v. Alice, Dkt. No. 2011-1301 (Fed. Cir. May 10, 2013) resulted in “no change in examination procedure for evaluating subject matter eligibility.”

On May 10, 2013 the Federal Circuit issued its en banc opinion in CLS Bank v. Alice, Dkt. No. 201. The court’s main per curiam opinion provided, in total:

Upon consideration en banc, a majority of the court affirms the district court’s holding that the asserted method and computer-readable media claims are not directed to eligible subject matter under 35 U.S.C. § 101. An equally divided court affirms the district court’s holding that the asserted system claims are not directed to eligible subject matter under
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IBM Patent Application: Customized Client-Side Search Indexing of the Web

ibmclientsideindexpatapp.jpgA recently published application shows IBM seeking a patent on a client-side search indexing program that works in conjunction with a server based search index to provide a users with personalized search results. Search result personalization is a long sought after goal. Google personalized search attempts to provided user customized results by retaining user data on the server-side. However, others have sought client side solutions. Jaime Teevan, et al.’s article “Personalizing Search via Automated Analysis of Interests and Activities” demonstrates that personalized client-side algorithms can significantly improve on current Web search results. Demand for improved search methods will increase with the ever expanding amounts of data.…

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How to Admit or Exclude Prelimary Breathalyzer Results

IBJFeb08CoverThe February issue of the Illinois Bar Journal carries my article on “How to Admit or Exclude PBT Results” [Subscription Req.] [1]. PBTs are preliminary breath tests that are typically administered by the police on the scene of a traffic stop. The police use the results of a PBT as a factor to help establish probable cause to arrest a driver for driving under the influence of alcohol. PBTs are different and less reliable than the breath tests typically given at the police station—a.k.a. chemical tests—and therefore PBT results are treated differently than chemical test results. The article explains (1) when PBT results are admissible in court, (2) when the State is required to lay a foundation for their admission, and (3) what constitutes an adequate foundation.

This …

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3D Printing and the Future of Innovation

Guy Kawasaki pointed me to this video of Chris Anderson talking about the topic of his next book–"the emerging world of free." His discussion of 3D printing technology got me thinking about how it might create a new class of inventors and innovation.

3D Printing in the World of Free. At 14:57 in the video, Chris states that 3D printing technology is introducing aspects of free into the world of physical products. He says 3D printing makes complexity free. Traditionally every bit of complexity in an item added more cost. However, every additional level of detail and complexity–i.e. grove in the surface–in a 3D printed item is free. The additional complexity cost nothing; the 3D printer head just takes a different path to make the detail required.

Chris …

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Elected Officials: Ask Us for Solutions.

Reddit reports that the President of India, Dr. APJ Abdul Kalam, posts a question on Yahoo Answers. Yahoo states that this is really from the President of India. He also has a Yahoo 360 page.

Here’s his question:

What should we do to free our planet from terrorism?

Human society, from origin until now, has always been at war within and between groups and has led to two World Wars. Presently, terrorism and low intensity warfare are affecting many parts if the world.

As the current global population of 6 billion increases to 8 billion by 2025, national and international conflicts will continue to be a source of concern for humanity. When evil minds combine, good minds have to work together and combat. In this context, what are

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Handwritten Electronic Notes

Handwritten NoteAdriana at I Heart Tech posted about an email she received that was an electronic handwritten note. She received it on her Treo. All it said was “<Handwritten Content>.” So she tried another email application on her Treo and she was able to view the GIF file that was the electronic handwritten note. She showed it to her friend who said, “Whoa – that’s so much more personal than a regular email!” The note was written using a tablet PC.

I agree the electronic handwritten note is more personal than a regular email. I don’t have a tablet PC and I prefer to type anything rather than write it out by hand. But considering the impact of handwritten notes, I use them in certain circumstances.

I wonder whether sending a …

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The Core of Persuasion

Harvard Law School's CyberOneDuring the fall of 2006 Harvard Law School provided podcasts, videocasts, and other means for anyone to participate in its Law in the Court of Public Opinion Course (better known as CyberOne). The course covers “many different media technologies to understand how their inherent characteristics and modes of distribution affect the arguments that are made using them.”

I began listening to CyberOne podcasts late in the semester and now I’m listening/watching each class starting with the first. Its loaded with excellent information and you don’t need to be a lawyer or law student to understand the information provided.

Today I was listening to class number five (9/25/06) [audio, video, wiki page]. At about 36:20 on the audio version Professor Nesson makes some interesting points about empathic …

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