On Jan. 13, 2009, the Federal Circuit issued a decision that "barred at the threshold" the claims of a patent because they were directed to unpatentable subject matter. In re Comiskey, 2006-1286. The court based its decision on the Founding Fathers' recognition that the 1623 English Statue of Monopolies curtailed the crown's practice of "granting monopolies to court favorites in goods or businesses." One judge writing in dissent countered that the prohibited "patents" were patrona...
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