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Patentable Subject Matter: Data Transformation Claim Strategies after Bilski (Audio-only)

Jun. 30, 2009



Overview

June 30, 2009, 1:00 pm - 2:00 pm (E.D.T.)

As the Federal Circuit and Board of Patent Appeals and Interferences continue to decide cases on patentable subject matter by applying the Bilski test, practitioners find it more difficult to draft reliable method claims to software and business procedures. Still to be explored by the court are the limits of the exception they drew in the Bilski decision for methods that transform data directly representative of physical objects or substances. The example discussed by the court in Bilski is the transformation of x-ray attenuation data, produced by a computed tomography scanner, into a particular visual depiction of a physical object.

Please join Jeffrey E. Young, Partner at Alston & Bird LLP, and Ann M. McCrackin, Director of the Patent Practice and Procedure Program at the Franklin Pierce Law Center, as they explore:

  • How far will the data transformation exception be applied to methods that work on data representative of physical objects?
  • How does the exception relate to the “mere data gathering” doctrine?
  • When might data transformation fail the “preemption,” “abstract idea” and “mental steps” tests?
  • Must the result of the transformation be representative of the physical object?
  • Example claims practitioners may be able to follow to shape method claims as patentable subject matter
  • How can one deal with potential examiner resistance to this approach?

Faculty

Speaker(s)

Ann M. McCrackin, Schwegman, Lundberg & Woessner, P.A; Franklin Pierce Law Center
Jeffrey E. Young, Partner, Alston & Bird LLP

Program Attorney(s)

Amy Taub, Practising Law Institute

CLE Credit

PLI makes every effort to accredit its Live Webcasts.  Please check the CLE Calculator above for CLE information specific to your state.

PLI's Live Webcasts are approved for MCLE credit (unless otherwise noted in the product description) in the following states/territories:

Alabama, Alaska, Arizona, Arkansas, California, Colorado, Delaware, Florida, Georgia, Hawaii, Idaho*, Illinois, Indiana1, Iowa*, Kentucky*, Louisiana, Maine*, Minnesota, Mississippi, Missouri, Montana, Nebraska, North Carolina, North Dakota, New Hampshire*, New Jersey, New Mexico, Nevada, New York2, Ohio3, Oklahoma, Oregon*, Pennsylvania4, Rhode Island, South Carolina, Tennessee, Texas, Utah, Vermont, Virginia, Virgin Islands, Washington, West Virginia, Wisconsin, and Wyoming*.

*PLI will apply for credit upon request.

Arkansas, Mississippi, Ohio, Oklahoma, and Rhode Island: Audio-only live webcasts are not approved for credit.

1Indiana: Considered a distance education course. There is a 6 credit limit per year.

2 New York: Newly admitted attorneys may not take non-transitional course formats such as on-demand audio or video programs or live webcasts for CLE credit. Newly admitted attorneys not practicing law in the United States, however, may earn 12 transitional credits in non-traditional formats.

3Ohio: To confirm that the live webcast has been approved, please refer to the list of Ohio’s Approved Self Study Activities at http://www.sconet.state.oh.us. Online programs are considered self-study. Ohio attorneys have a 6 credit self-study limit per biennial compliance period. The Ohio CLE Board states that attorneys must have a 100% success rate in clicking on timestamps to receive ANY CLE credit for an online program.

4 Pennsylvania: A live webcast may be viewed individually or in a group setting. Credit may be granted to an attorney who views a live webcast individually. There is a 4.0 credit limit per year for this type of viewing. A live webcast viewed in a group setting receives live participatory credit if the program is open to the public and advertised at least 30 days prior to the program. Live webcasts viewed in a group setting that do not advertise at least 30 days prior the program will be considered "in-house", and therefore denied credit.

Running time and CLE credit hours are not necessarily the same. Please be aware that many states do not permit credit for luncheon speakers.

Note that some states limit the number of credit hours attorneys may claim for online CLE activities, and state rules vary with regard to whether online CLE activities qualify for participatory or self-study credits. For more information, refer to your state CLE website or call Customer Service at (800) 260-4PLI (4754) or email: info@pli.edu.

If you have already received credit for attending some or the entire program, please be aware that state administrators do not permit you to accrue additional credit for repeat viewing even if an additional credit certificate is subsequently issued.



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