ITC Takes Section 101 to Its Illogical Extreme

By Michael Borella — Hat tip to Prof. Lefstin who wrote a detailed analysis of this case on Patently-O. We will keep our review short and to the point (pun intended, see below). We are all familiar with the rhetorical device of a parade of horribles — a series of very bad things that could happen if some action is (or isn’t) taken. Often, these parades involve a degree of hyperbole. In other cases, they underestimate just how horrible the horribles actually are. The Supreme Court’s Alice Corp. v. CLS Bank Int’l decision set off such a parade. It started…