James Bongiorno v. Drew Hirshfeld, Acting Under Secretary of Commerce for Intellectual Property and Director, United States Patent and Trademark Office
Antitrust Patent
Whether a new and non-obvious 'dedicated electronic unit' with new hardware structures including a plurality of 'special function buttons' is a patentable 'machine'
questions presented are: | 1. Whether a new and non-obvious “dedicated | electronic unit’ with new hardware structures } including a plurality of “special function buttons [to] ) enable the user to more easily navigate through the software” (App. 73a), which “increase its usefulness,” and its “effectiveness,” is a patentable “machine” in accordance with Cantrell v. Wallick, 117 U.S. 689, 694 (1886). 2. Whether presumptive patent-eligibly of a “new and useful improvement” to a “machine” under section 101 is eviscerated because the analog of the mechanical functionality provided by the physical “machine” components (e.g., the “function buttons”) and the corresponding software functionality of the “dedicated electronic unit’? can be programmed to operate in a similar manner using the touch screen of a “generic computer.” ii