In re Ferguson

The Federal Circuit will decide whether a pure business method is patentable

On December 5, 2007, I argued "In re Ferguson" at the Federal Circuit. That case considers the subject matter patentability of a pure business method claim.

The main brief
The Patent Office's rebuttal
The reply brief

If you're an AIPLA member, you can read a synopsis of the argument here.

Ferguson's appealed claim 1

1. A method of marketing a product, comprising: developing a shared marketing force, said shared marketing force including at least marketing channels, which enable marketing a number of related products; using said shared marketing force to market a plurality of different products that are made by a plurality of different autonomous producing company, so that different autonomous companies, having different ownerships, respectively produce said related products; obtaining a share of total profits from each of said plurality of different autonomous producing companies in return for said using; and obtaining an exclusive right to market each of said plurality of products in return for said using.

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