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Expert Analysis

Trends In Patent-Eligibility Challenges Post-Berkheimer

By Avi Toltzis (April 8, 2019, 12:39 PM EDT) -- It's been a year since the U.S. Court of Appeals for the Federal Circuit's decisions in Berkheimer v. HP Inc. and Aatrix Software Inc. v. Green Shades Software Inc., which established that Alice's step two is a question of fact.[1] How have these decisions impacted Section 101 jurisprudence? The data reveals that they haven't deterred defendants from filing Section 101 motions. And though some district courts have distinguished or downplayed these decisions' impact, the data suggests that they've reduced the likelihood of success of Section 101 motions....

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