Any [Tangible] Thing Under the Sun Made by Man

In Digitech Image Technologies, LLC v. Electronics for Imaging, Inc., [2013-1600](Fed. Cir. 2014), the Federal Circuit held that to qualify as a manufacture, the invention must be a tangible article that is given a new form, quality, property, or combination through man-made or artificial means.  The Federal Circuit affirmed the district court’s determination that a device profile (essentially a data set] for describing properties of a device was not patentable subject matter under 35 U.S.C. §101, saying “[d]ata 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.”