The Federal Circuit will decide whether a pure business method is patentable
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
| 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. |