So it looks like right now everything hinges on HP Inc. v. Berkheimer in the Supreme Court.

Here’s why:

Quote:

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The (Supreme) Court on January 7 (2019) asked the U.S. Solicitor General to submit an amicus brief in the Berkheimer case, which is currently before the Court on petition for certiorari. 

Berkheimer frames nicely the issue of patent eligibility and how district courts should handle motions to dismiss patent infringement claims under Section 101 and Alice.

After trial, this might be the case that the Court employs to make definitively clear that the 101 motions simply should be denied because the judicial exceptions are not found in the Patent Act and thus no longer apply.

https://www.ipwatchdog.com/2019/01/11/new-cou...id=104975/

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