Law360, New York ( June 28, 2016, 11:51 AM EDT) -- Following the U.S. Supreme Court decisions in Alice and Mayo, and prior to May of this year, the Federal Circuit found one challenged claim patentable under Section 101 and over 20 challenged claims unpatentable. Judge Richard Chen, newly elevated from the position of solicitor at the U.S. Patent and Trademark Office, authored the first post-Alice decision finding eligible subject matter in DDR Holdings in December 2015. On May 12, the Federal Circuit issued a second decision (Enfish) finding a patent claim patentable using the Alice/Mayo framework. Enfish may well moderate what some feel is the extreme change in Section 101 jurisprudence following Alice as well as directly impact how the PTO applies the judicial exception of Alice/Mayo to eligibility during patent examination....
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