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This is an opinion everyone can love because the term "abstract idea" means something different to each reader. I think that's intentional. They're shifting authority from juries to judges. The wording gives judges a lot of leeway to kill patents by applying the loosely defined "abstract idea" label and then looking for conventional steps that remain, an analysis that seems a lot like the obviousness analysis that used to be reserved for juries.



This is REALLY important. Juries were getting snowed. Look at the Apple-Samsung verdict.


Every time I see someone that brings up the Apple-Samsung verdict I know they don't what what that suite was about. It wasn't about patents; it was about design patents. A design patent is to protect ideas outside of what is covered by trade dress and is a distinctly different idea than a patent.

Yes it's a terrible name. Yes it's easy to get confused. Just never use Samsung/Apple when talking about patents you'll be fine.


The Apple-Samsung verdict was about design patents AND utility patents (United States Patent Nos. 7,469,381, 7,844,915, and 7,864,163).




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