Today in Enfish, LLC v. Microsoft Corp., __ F.3d __ (Fed. Cir. 2016) (Hughes, J.), the court reversed a summary judgment holding that the claims of the patent lack patent-eligibility under 35 USC §101.
In determining whether claims are directed to a patent-ineligible concept, “the ‘directed to’ inquiry applies a stage-one filter to claims, considered in light of the specification, based upon whether their character as a whole is directed to excluded subject matter.” Enfish, slip op at 10 (quoting Internet Patents Corp. v. Active Network, Inc., 790 F.3d 1343, 1346 (Fed. Cir. 2015).