Factual Underpinnings of Eligibility: Federal Circuit Denies Rehearing in Berkheimer / Aatrix

By Dennis Crouch In Berkheimer v. HP Inc., 881 F.3d 1360 (Fed. Cir. 2018), Judge Moore explained that, although “patent eligibility is ultimately a question of law,” it may require an analysis of “underlying factual questions.” In particular, the court in that case ruled that “[w]hether something is well-understood, routine, andĀ conventional to a skilled artisan … Continue reading Factual Underpinnings of Eligibility: Federal Circuit Denies Rehearing in Berkheimer / Aatrix