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Federal Circuit Further Expands the Role of Factual Questions in Section 101 Analysis

In the recent decision of Data Engine Technologies LLC v. Google LLC, the Federal Circuit may have expanded how factual questions underpin subject matter eligibility analysis under Section 101. Since the two-part eligibility...more

Federal Circuit Finds Claims Directed to Encoding and Decoding Image Data Patent-Ineligible

The Federal Circuit recently held in RecogniCorp, LLC v. Nintendo Co., Ltd. (Fed. Cir. 2016) that claims directed to encoding and decoding image data were not patent-eligible under 35 U.S.C. § 101. This ruling further...more

Subject Matter Eligibility May Rest on Whether Software is “Technological”

Two recently issued decisions by federal courts highlight the uncertainty around claims to software-implemented inventions after the Supreme Court decision in Alice v. CLS Bank. Both decisions relate to the patent...more

Legal Alert: Good News for Software Patents?

Federal Circuit’s Enfish Decision and PTO Guidelines Should Give Hope to Patentees - In the last few years, U.S. Courts have drastically changed their interpretation of the law governing patent eligibility, 35 U.S.C. §...more

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