Major 101 Decision – Enfish v. Microsoft

Today in Enfish v. Microsoft, the Federal Circuit held software claims patent eligible, reversing the district court's grant of summary judgment on 101. This is a major decision because it is only the second since Alice where the Federal Circuit has held patent claims eligible (DDR being the first). Further, the case heavily emphasizes that disembodied software can be patent eligible when it provides improvements to specific computer technology. This decision should quickly become a go-to case for software patent owners facing 101 challenges.

Judge Hughes wrote for a unanimous panel, including Judges Moore and Taranto, which adds some additional interest, because in his brief time on the Court thus far, Judge Hughes has been fairly tough on patents and tough on the 101 issue in particular. At a high level, the Court decided the issue on the first Alice prong, holding that the claims were not directed to an abstract idea. The patent at issue concerns self-referential