PHOSITA

Authored by Marc Brockhaus and Jordan Sigale, June 30, 2015 at 9:14 am

On this one year anniversary of the Supreme Court’s decision in Alice Corp., much of the Section 101 jurisprudence still remains a little jumbled, which gave us at Dunlap Codding, an idea: What would Alice and its progeny look like as word jumbles?

The above word jumble depicts the most frequently found words in the Alice decision.  The jumbles were created by feeding the text of the indicated opinions into wordle.com  and then removing certain common-words (e.g. court, defendant, patent, plaintiff, U.S.) and numbers (e.g. 2013, 2014, and 2015) post-tabulation to improve clarity.

The word jumbles highlighted at least two interesting things: (1) the Supreme Court’s Alice analysis seems to be more fact intensive than the 12 Federal Circuit and 115 District Court analyses (to date)   and (2) the word “exception” appears with ironic frequency in the PTO’s guidelines given the ubiquity of 101 rejections in prosecution.   Here’s the full article with aditional word jumbles.