CAFC says 101 inquiry is a factual determination in “blockbuster” Berkheimer opinion
“Whether something is well-understood, routine, and conventional to a skilled artisan at the time of the patent is a factual determination,” writes Judge Moore. Observers have taken this as a sign of the pendulum swinging back towards patent owners on Section 101
The Federal Circuit’s Berkheimer v HP opinion appears to have opened the doors to patentable subject matter being a question of fact that will frequently go to trial.
The case involves a patent directed to digital processing and archiving...
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