Fishman Stewart attorneys, Michael Comeau and Melissa Chapman, are featured in the World IP Review. Michael and Melissa discuss the Federal Circuit’s recent split ruling in a precedential phone camera patent suit that could further obfuscate the Mayo/Alice process.
In Yu et al v Apple et al, the US Court of Appeals for the Federal Circuit affirmed a lower court’s dismissal of a patent infringement lawsuit in favour of Apple and Samsung.
The suit alleged that multi-camera features of Apple and Samsung phones infringed US patent number 6,611,289, but the majority applied the two-step test from Mayo/Alice and agreed with the lower court that claim 1 is ineligible under section 101 because it recites an “abstract idea” without an “inventive concept”.
