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Expert Analysis

Fed. Circ. Data Patent Opinion Elucidates Software Eligibility

By Michael Rounds and Andrew Freyer (November 22, 2019, 1:24 PM EST) -- On Nov. 15, in Koninklijke KPN NV v. Gemalto M2M GmbH, the U.S.  Court of Appeals for the Federal Circuit reversed an ineligibility finding under Title 35 U.S. Code Section 101 by U.S. District Judge Leonard Stark of the U.S. District Court for the District of Delaware.[1] Judge Stark had granted the defendants' motion for judgment on the pleadings under Federal Rule of Civil Procedure 12(c) and found that claims 1-4 of U.S. Patent No. 6,212,662 were patent ineligible under Section 101....

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