CIPPM fellow Professor Paul Cole, partner at Lucas & Co, has filed a brief as Amicus Curiae to the U.S. Court of Appeal for the Federal Circuit in the case Recognicorp LLC v Nintendo Co., Ltd.
The case is about patentability and claim interpretation. Recognicorp, owner of a patent in a system for encoding image data as part of a facial recognition technology, sued Nintendo for patent infringement. Nintendo asserted that the patent’s claims recited ineligible subject matter under 35 U.S.C. § 101. The District Court agreed, and in its decision stated that the claims are “directed to the abstract idea of encoding and decoding composite facial images using a mathematical formula.” Recognicorp appealed to the Federal Circuit.