The Federal Circuit Pushes the Pause Button on Section 101 Challenges

Brownstein Hyatt Farber Schreck
Contact

Last week, the Federal Circuit Court of Appeals imposed important limitations on the post-Alice doctrine of software patent invalidity—patent owners everywhere could be heard sighing in relief. In Enfish, LLC v. Microsoft Corp. (No. 2015-1244, available at http://www.cafc.uscourts.gov/sites/default/files/opinions-orders/15-1244.Opinion.5-10-2016.1.PDF), the Federal Circuit reversed a Central District of California judge’s finding that software claims directed to an “innovative logical model for a computer database” were invalid under 35 U.S.C. § 101 as directed to an abstract idea. Under Alice Corp. Pty Ltd. v. CLS Bank Int’l, 134 S. Ct. 2347, 2355 (2014), the familiar two-step process for determining § 101 validity is: first determining whether the claim at issue is directed to a patent-ineligible concept, i.e., an abstract idea; and if it is, second, considering whether the claim’s additional elements transform the nature of the claim into a patent-eligible application. While most post-Alice software patent cases have turned on the second step, Enfish makes the first step more meaningful, imposing a greater burden on parties attempting to invalidate a software claim.

Please see full publication below for more information.

LOADING PDF: If there are any problems, click here to download the file.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Brownstein Hyatt Farber Schreck | Attorney Advertising

Written by:

Brownstein Hyatt Farber Schreck
Contact
more
less

Brownstein Hyatt Farber Schreck on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide