Back in October of 2012, The AmLaw Litigation Daily, a Texas Lawyer affiliate, described a spate of lower court rulings based on §101 of the Patent Act, which stands for the idea that abstract ideas and physical properties aren’t eligible for patent protection. There had been four recent dismissals citing §101, and patent experts said that the defense previously had been a long shot.
Since then, three more decisions have invalidated patents because of their subject matter. The most recent ruling, issued on March 27, was written by the chief judge of the Eastern District of Texas.
