ARTICLE · 01 NOVEMBER 2022

Does Not Compute: Faster Processes Aren't Enough For Subject Matter Eligibility

McDermott Will & Emery

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In yet another opinion addressing subject matter eligibility and application of the Supreme Court's Alice decision, the US Court of Appeals for the Federal Circuit found claims directed to graphical displays...

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In yet another opinion addressing subject matter eligibility and application of the Supreme Court's Alice decision, the US Court of Appeals for the Federal Circuit found claims directed to graphical displays and user interfaces subject matter ineligible as directed to abstract ideas. IBM v. Zillow Group, Inc., Case No. 21-2350 (Fed. Cir. Oct. 13, 2022) (Reyna, Hughes, Stoll, JJ.) (Stoll, J., dissenting in part).

IBM sued Zillow for allegedly infringing several patents related to graphical display technology. The district court granted Zillow's motion for judgment on the pleadings that sought a ruling that two of the asserted patents claimed patent-ineligible subject matter under 35 U.S.C. § 101. IBM appealed.

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