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Exergen Corp. v. Brooklands Inc.

Representative Claim(s)

51. A method of detecting human body temperature comprising: measuring temperature of a region of skin of the forehead; and processing the measured temperature to provide a body temperature approximation based on heat flow from an internal body temperature to ambient temperature.

Posture:

Motion for Summary Judgment

Exception Category: Law of Nature

“The first part of the inquiry is easily resolved and essentially undisputed here.  The claims in the ′938 patent clearly are directed to a law of nature.”

Significantly More: No

The court analyzed the measuring and processing elements of the claims, both individually and in combination, concluding that, “The claims before me are closer to those in Mayo and in Flook than those in Diehr.”  Concluding that the processing element was a simple and straightforward process of using a mathematical formula to convert skin temperature to internal body temperature, the court next questioned whether the measuring step was sufficient to establish patent eligibility.