Patent Claiming a Human “Viewer” is Not Invalid for Claiming a Human Organism

The Commission affirmed the ALJ's final initial determination that no violation of section 337 occurred with respect to complainant's vehicle accessory patents and rejected respondent's argument that the claims were directed to unpatentable subject matter because they were directed to a human organism. "[Respondent] contends that [certain claims of a patent-in-suit] claim[s] 'a viewer' and [complainant's] expert . . . testified the claimed viewer is a person; therefore, under the America Invents Act ("AIA") § 33(a) . . . [the claims] are invalid. . . . The Commission finds that a person is not a limitation of the claims, and therefore the claims are not invalid on this basis. The specification discloses 'a substantially opaque black-out frit to mask the presence of such members when viewed from outside the vehicle through the front windshield.' The use of the word 'when' illustrates that the patent does not require a person to actually be looking through the windshield from outside the automobile."

Vision-Based Driver Assistance System Cameras and Components Thereof, 337-TA-907 (ITC December 1, 2015, Order) (Trade Commission, J.)