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Article
Assault on the Citadel: Judge Rich and Computer-Related Inventions
Houston Law Review (2002)
  • Samuel Oddi, University of Akron School of Law
Abstract

Following this brief overview of the historical assault on the Citadel against protecting computer-related inventions, Part II of this Article will address pre-Citadel doctrines--“function of the machine,” “mental steps,” and “point of novelty”--and the definition of “process” that stood in the way of protecting such inventions. Part III considers the Citadel cases of Benson and Flook and the CCPA's reaction to them. In Part IV, the assault, as reflected in Chakrabarty and Diehr, will be recounted, and in Part V, the final stages of the assault, as seen in Judge Rich's opinions in Alappat and State Street, will be analyzed. Throughout the Article Judge Rich's judicial style, his legal and policy-based reasoning, and his underlying judicial philosophy will be illustrated. Finally, Part VI summarizes Judge Rich's contributions to patent law, particularly in the area of computer-related inventions, which established his legacy and preeminence in the field that will long be remembered and hopefully will be emulated in this century.

Keywords
  • Judge Rich,
  • computer-related inventions
Disciplines
Publication Date
2002
Citation Information
Samuel Oddi, Assault on the Citadel: Judge Rich and Computer-Related Inventions, 39 Houston Law Review 1033 (2002).