Fed. Cir. Affirms Command and Control Patent-Ineligibility

In a one-line per curiam Rule 36 judgment, the Federal Circuit affirmed a district court’s judgment on the pleadings that claims of patents directed to “command-and-control processing” recited ineligible subject matter under 35 U.S.C. § 101.  Appistry Inc. v. Amazon.com Inc., No. 2015-2077 (Fed. Cir. Feb 10, 2017) (Judges Lourie, Hughes, and Stoll).  The patents at issue were U.S. Patent Nos. 8,200,746 and 8,341,209, both entitled “System And Method For Processing Information Via Networked Computers Including Request Handlers, Process Handlers, And Task Handlers.” This post summarized, and links to, the lower court’s decision.

As we have previously noted, the increasing volume of patent-eligibility cases flowing through the Federal Circuit’s docket is resulting in an increasing number of cursory affirmances of findings of patent-ineligibility.  As much as the seeming plasticity of the Alice/Mayo patent-eligibility test frustrates practitioners, there are, more and more, easy patent-eligibility cases.

Upcoming Webinar

Business Methods and Patent-Eligibility at the USPTO
September 22, 2017 at 12:00 pm EDT
During the webinar, Charles Bieneman will discuss recent trends and current practices with respect to patent-eligibility at the USPTO’s business methods arts units – including a looks at how some cases are surviving Section 101 rejections. Register