by Dennis Crouch In its February 2018 decision in Berkheimer v. HP, the Federal Circuit – led by Judge Moore – held that fundamental aspects of the patent eligibility test question are based upon questions of fact.  That holding appears in tension with prior Federal Circuit holdings, such as Intellectual Ventures I LLC v. Capital … Continue reading Berkheimer En Banc: HP Asks Whole Court to Consider whether Eligibility is Predominately Factual