The Latest Fed. Circ. Move On Patent Eligibility

By Anthony Fuga (July 25, 2019, 3:29 PM EDT) -- The U.S. Court of Appeals for the Federal Circuit, in a precedential opinion in Cellspin Soft Inc. v. Fitbit Inc.,[1] vacated both the district court's Section 101 dismissal and the order granting attorney fees under Section 285. Most interesting, however, is the Federal Circuit's discussion of both Berkheimer v. HP Inc.[2] and Aatrix Software Inc. v. Green Shades Software Inc.,[3] as well as the court's clear statement that patents are presumed patent eligible under Section 101....

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