Tuesday, May 17, 2016

The Lord Giveth and the Lord Takith it all back (per Lordly Prerogatives)

Just as practitioners in the abstract arts were rejoicing in view of Enfish v. Microsoft, now comes TLI COMMUNICATIONS LLC v. AV AUTOMOTIVE, L.L.C. to take it all back.

The TLI COMMUNICATIONS panel justifies itself as follows: [TBC]

"On its face, representative claim 17 is drawn to the concept of classifying an image and storing the image based on its classification. ... the specification makes clear that the recited physical components merely provide a generic environment in which to carry out the abstract idea of classifying and storing digital images in an organized manner. And the specification's emphasis that the present invention "relates to a method for recording, communicating and administering [a] digital image" underscores that claim 17 is directed to an abstract concept. ... Contrary to TLI's arguments on appeal, the claims here are not directed to a specific improvement to computer functionality"

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