by Dennis Crouch
Google won today's eligibility case with an affirmance that US7679637 is ineligible. For me, the following are the two most interesting aspects of the decision:
- Tu Quoque Rejected: The patent owner argued that Google's own video conferencing patents use similar "functional claiming" techniques, and therefore Google must believe such claims are patent-eligible. The Federal Circuit rejected this hypocrisy-style argument, holding that the eligibility of Google's patents "is not before us and has no bearing on our analysis."
- Where Does Functional Claiming Fit? At oral argument, Chief Judge Moore candidly admitted doctrinal uncertainty: "Is this result-oriented functional claiming problem . . . a Step 1 issue or a Step 2 issue? I'll be honest with you, I don't always know where that line is." The opinion resolves this by treating functional claiming as part of the Step 1 "directed to" inquiry.
US Patent No. 7,679,637 LLC v. Google LLC, No. 2024-1520 (Fed. Cir. Jan. 22, 2026).
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