Panel-Dependent Fed. Circ. Decisions For 101 Challenges?
By Yar Chaikovsky, David Okano and Phoebe Hung ( August 24, 2017, 12:45 PM EDT) -- In Visual Memory LLC v. Nvidia Corp., No. 2016-2254 (Fed. Cir. Aug. 15, 2017), a divided panel at the Federal Circuit applied an analytical framework that appears to be inconsistent with the framework the Federal Circuit has applied in a number of previous decisions on § 101 motions at the Rule 12(b)(6) stage. In particular, the majority did not require the claims to recite a specific concrete solution, finding instead that functionally recited claims directed to a computer memory system were patent-eligible at Alice step one based on support from the specification. This opinion raises the specter of panel-dependent rather than consistent outcomes at the Federal Circuit on appeals from § 101 determinations....
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