http://www.ipwatchdog.com/2018/12/16/scotus-revers

Quote:

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“Both this court and the Supreme Court have found it sufficient to compare claims at issue to those claims already found to be directed to an abstract idea in previous cases,”Judge Hudges wrote in Enfish, LLC v. Microsoft Corp., 822 F.3d 1237 (Fed. Circ. 2016), describing something of a passive aggressive contest between rivals to assert dominance. Since the Supreme Court hasn’t defined the term abstract idea the Federal Circuit hasn’t found it necessary to define that critical term either. So the industry suffers. But this quote from Enfish clearly demonstrates that the Federal Circuit recognizes the Supreme Court has not defined the term abstract idea, and also clearly tells us they are not about to do it either. Instead, the Federal Circuit finds it sufficient to continue without defining this critical term and instead engaging in a matching game to determine whether the claims at issue in any particular case are like claims previously decided to be abstract, or they are like claims previously decided to be patent eligible.

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