On July 11, 2014 the Federal Circuit came down with a decision in Digitech Image v. Electronics for Imaging (Fed Cir 2014) . The court held the following:
“Data in its ethereal, non-physical form is simply information that does not fall under any of the categories of eligible subject matter under section 101.”
An example of the issued claims that were invalidated is below:
- A device profile for describing properties of a device in a digital image reproduction system to capture, transform or render an image, said device profile comprising:
first data for describing a device de-pendent transformation of color information content of the image to a device independent color space; and
second data for describing a device de-pendent transformation of spatial in-formation content of the image in said device independent color space.