September 26, 2011- A magistrate judge recommended that defendants’ motion to dismiss on the basis of Bilski and non-statutory subject matter be denied in the InNova Patent Licensing v. Alcatel-Lucent Holdings, et al.  The judge determined that scanning an email to analyze content would necessarily require software code and could not be performed by purely mental steps. The inventor of the InNova patent, Robert Uomini, tried unsucessfully to sell his patent before filing suit last year.