Digitech Image Technologies v. Electronics for Imaging (2013-1600, 2014 Jul 11)

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[PHYSICAL] {1} The claims at issue here are even broader than the claim in Nuijten. While the claim in Nuijten requires supplemental data in the form of a transitory embodiment, the device profile claims of the '415 patent do not require any physical embodiment, much less a non-transitory one. The device profile, as claimed, is a collection of intangible color and spatial information. We therefore hold that the device profile claims of the '415 patent do not encompass eligible subject matter as required by section 101 and are therefore not patent eligible.


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