02.02.19
Gemini version available ♊︎The Berkheimer Case Will Turn One Very Soon and Nothing Has Changed, Just as We’ve Argued and Forecast All Along
Summary: It is safe to say that in spite of exceptional and rare outcomes like Berkheimer v HP Inc. at the Court of Appeals for the Federal Circuit software patents have not made a comeback (courts keep rejecting these at all levels)
Valentine’s Day is fast approaching and Berkheimer v HP Inc. was decided by the Federal Circuit on February 8th last year (before Moore, Taranto, and Stoll, J.). We said we would not write about U.S. Patent and Trademark Office (USPTO) matters this year, instead concentrating on the European Patent Office (EPO) unless there’s a major turnaround in the US. As we recently said, nothing really changed due to Berkheimer. It was all smoke and mirrors. Not even the Patent Trial and Appeal Board (PTAB) gave much of a damn. SCOTUS won’t be looking into 35 U.S.C. § 101 matters any time soon (if ever). In the week to come we expect that some law firms will exploit the ‘anniversary’ to push lies to prospective clients, hoping to attract software patent applicants. Anything for marketing stunts… █
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