Realtime Data LLC v. Reduxio Systems, Inc., No. 19-2198 (Fed. Cir. Oct. 23, 2020)
From the Opinion
The passage below is extracted verbatim from the opening of the document. It has not been editorially summarized — consult the full opinion for the court's complete reasoning.
In 1955, Judge Learned Hand called the court -created “invention requirement” “ the most baffling concept ” in all of patent law. Lyon v. Bausch & Lomb Optical Co. , 224 F.2d 530, 536 (2d Cir. 1955).1 Today, he would likely save 1 Essentially, the invention requirement instructed courts to invalidate patents that did not involve a true measure of invention, with little explanation of what that concept meant. See McClain v. Ortmayer , 141 U.S. 419, 427 (1891) (“In a given case we may be able to say that there is present invention of a very high order.
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