Claims Requiring "Visual Depiction" of Data Satisfy In re Bilski's "Transformation" Test

In denying summary judgment of invalidity as to certain claims under In re Bilski, 545 F.3d 943 (Fed. Cir. 2008), the court explained that the claims in question satisfied the "transformation" test "due to their recitation of the production of an image as a result of the comparison of numbers." "These images are the manifestation of a particular transformation. The patent dictates a transformation of specific data, and is further limited to a visual depiction which represents specific objects." Similar claims that did not include the visual depiction limitation were deemed invalid as claiming unpatentable subject matter.

Research Corporation Technologies, Inc. v. Microsoft Corp., 4-01-cv-00658
(AZD July 28, 2009, Order) (Jones, J.)