Law Office of Scott C Harris

On December 5, 2007, I argued "In re Ferguson" at the Federal Circuit. That case considers the subject matter patentability of a pure business method claim.

If you're an AIPLA member, you can read a synopsis of the argument here

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Ferguson's appealed claim 1

1. A method of marketing a product, comprising: developing a shared marketing force, said shared marketing force including at least marketing channels, which enable marketing a number of related products;

using said shared marketing force to market a plurality of different products that are made by a plurality of different autonomous producing company, so that different autonomous companies, having different ownerships, respectively produce said related products; obtaining a share of total profits from each of said plurality of different autonomous producing companies in return for said using; and obtaining an exclusive right to market each of said plurality of products in return for said using.