Judge Ward Rejects Broad Interpretation of Bilski, Denies Motion on the Pleadings that Asserted Method Claims are Invalid

The court denied defendant's motion for judgment on the pleadings that the asserted method claims were invalid in light of In re Bilski, 545 F.3d 943 (Fed. Cir. 2008) for failure to claim patentable subject matter under 35 U.S.C. § 101. "[Defendant] argues that the claimed methods do not satisfy the 'machine' portion of the test because they can be performed entirely within the human mind, or using pencil and paper. Further, [defendant] argues the claimed methods do not satisfy the 'transformation' portion of the test because they do not transform any article into a different state or thing. The court’s interpretation of Bilski is not so broad as [defendant's]. In fact, the [Federal] Circuit 'decline[d] to adopt a broad exclusion over software or any other such category of subject matter beyond the exclusion of claims drawn to fundamental principles.' "

Versata Software, Inc. v. Sun Microsystems, Inc., 2-06-cv-00358 (TXED March 31, 2009, Order)