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Expert Analysis

Why Fed. Circ. Treated Software Claims Differently In Enfish

Law360, New York ( June 16, 2016, 12:28 PM EDT) -- Innovations in computer technology now largely reside in software, not the hardware that runs the software. Concurrently, a debate has persisted on whether software should be patent-eligible. The Federal Circuit in Enfish LLC v. Microsoft Corp. recently spoke on this topic and held unequivocally that software can be as patent-eligible under 35 U.S.C. 101 as the hardware that runs the software. Enfish is also the first Federal Circuit decision to hold that a software patent was not directed to an abstract concept since the U.S. Supreme Court invalidated as patent-ineligible a software patent in Alice v. CLS Bank....

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