Summer 2016 has been an interesting time at the Federal Circuit. Several patent eligibility cases have come down in favor of eligibility, giving a glimpse into the future of patent eligibility in a post-Alice world:

  • The Federal Circuit has seemingly started to cast a more skeptical eye upon the Patent Trial and Appeal Board (PTAB), reversing and remanding decisions in several cases.
  • The Federal Circuit continues to utilize Rule 36 summary affirmances and nonprecedential opinions at an unusually high rate.
  • Trends seem to be developing as the Federal Circuit pivots to address the new reality of a much more interested Supreme Court.