| In your dreams.
Consider the make-up of the court. Judge Linn, who joined
your hero, now has senior status, and he was on this en banc decision only
because he had been on the case originally. So remove him, which is what happens
going forward, and add the judge who chose not to sit on this one, and what do
you have?
A clear majority. That's why Gene Quinn is sweating so
profusely.
And there are new judges coming, so a lot depends on how they
turn out to think.
Also, notice that the decision was on both method and
system claims. Footnote 1 of the Lourie concurrence says: While
Chief Judge Rader is correct to note that no single opinion issued today
commands a majority, seven of the ten members, a majority, of this en banc court
have agreed that the method and computer-readable medium claims before us fail
to recite patent-eligible subject matter. In addition, eight judges, a majority,
have concluded that the particular method, medium, and system claims at issue in
this case should rise or fall together in the § 101 analysis.
And note the decision itself:
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 that statute. So you are partly
right, but also partly wrong, I think.[ Reply to This | Parent | # ]
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