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19 July 2021PatentsMichael Comeau and Melissa Chapman

Examining Newman’s dissent in Apple and Samsung camera patent win

In Yu et al v Apple et al, the US Court of Appeals for the Federal Circuit affirmed a lower court’s dismissal of a patent infringement lawsuit in favour of Apple and Samsung.

The suit alleged that multi-camera features of Apple and Samsung phones infringed US patent number 6,611,289, but the majority applied the two-step test from Mayo/Alice and agreed with the lower court that claim 1 is ineligible under section 101 because it recites an “abstract idea” without an “inventive concept”.

Claim 1 of the ‘289 patent recites:

  1. An improved digital camera comprising:

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