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The jury was given specific grounds on which they could find the patent invalid. See instructions 29 through 33 and 48 through 52. Invalidating because of lack of patentable subject matter is not among these.


Nobody said anything about subject matter.


Hogan was clearly interpreting the question from Gizmodo as asking about whether they considered if the patents were patentable subject matter.


Yes, probably, but that in and of itself is troubling, as it would seem to indicate that he hasn't given much thought on the subject of patentability for individual inventions, even though that was an entire section of the jury instructions.




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