CAFC says 101 inquiry is a factual determination in “blockbuster” Berkheimer opinion

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CAFC says 101 inquiry is a factual determination in “blockbuster” Berkheimer opinion

February 15, 2018
Judge Kimberly Moore

“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

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