Interactive Wearables, LLC v. Polar Electro Oy
Petition for certiorari denied on May 15, 2023
Issue: (1) What the appropriate standard is for determining whether a patent claim is "directed to" a patent-ineligible concept under step one of the Supreme Court"s two-step framework for determining whether an invention is eligible for patenting under 35 U.S.C. § 101; (2) whether patent eligibility (at each step of the Supreme Court"s two-step framework) is a question of law for the court based on the scope of the claims or a question of fact for the jury based on the state of art at the time of the patent; and (3) whether it is proper to apply 35 U.S.C. § 112 considerations to determine whether a patent claims eligible subject matter under 35 U.S.C. § 101.
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