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ARTICLE · 31 MARCH 2017

Thales : Federal Circuit Forces Acceleration On § 101 For Physics-Based Claims

Finnegan, Henderson, Farabow, Garrett & Dunner LLP
Finnegan, Henderson, Farabow, Garrett & Dunner LLP
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In Thales Visionix Inc. v. United States, No. 15-5150 (Fed. Cir. Mar. 8, 2017), the Federal Circuit reversed a decision of the Court of Federal Claims, 122 Fed. Cl. 245 (2015), that found claims drawn...

United StatesIntellectual Property

CAFC Decision: Thales Visionix Inc. v. United States, No. 15-5150 (Fed. Cir. Mar. 8, 2017)

Decision:  In Thales Visionix Inc. v. United States, No. 15-5150 (Fed. Cir. Mar. 8, 2017), the Federal Circuit reversed a decision of the Court of Federal Claims, 122 Fed. Cl. 245 (2015), that found claims drawn to an inertial tracking system ineligible. In reversing, the Federal Circuit found that the claims were not directed to an abstract concept.

Background:  The system claim at issue requires a first sensor on a "tracked object," a second sensor on a "moving reference frame," and an "element" that receives signals from both sensors and determines an orientation of the tracked object relative to the moving reference frame. (A similar method claim was also found eligible.) Traditional inertial tracking systems measured inertial changes with respect to the earth. In contrast, the claimed system measures changes with respect to the moving reference frame. According to the

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