How patent claims can be invalidated without a proper and thorough claim construction is baffling. It flies in the face of everything patent law stands for and does nothing but encourage patent examiners, PTAB judges and district courts to do a facial check based on a gut feeling, nothing more... That type of subjective, half-baked analysis is antithetical to the patent process and the Federal Circuit should be ashamed for engaging in such a review. The only way to competently determine what a claim is directed to and whether the claim adds significantly more, whatever that means, is to do a proper, thorough and competent claim construction, period. Seriously, if the Court is going to publish a decision like this that is heavy on conclusions, non-existent on analysis, and almost certainly drafted by an intern or Staff Attorney, then why even make it a non-precedential opinion?
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