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ARTICLE · 05 MARCH 2026

"Template For Tailoring" Falls On Losing Side Of Computer-Based Patent Eligibility Divide

Finnegan, Henderson, Farabow, Garrett & Dunner LLP
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In GoTV Streaming, LLC v. Netflix, Inc., No. 24-1669 (Fed. Cir. Feb. 9, 2026), the Federal Circuit reversed a district court's holding that GoTV's claims were patent eligible under 35 U.S.C. § 101.

United StatesIntellectual Property
Erik Puknys
Erik Puknys
Deena Kablaoui Lanier
Deena Kablaoui Lanier
Ryan McDonnell
Ryan McDonnell
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In GoTV Streaming, LLC v. Netflix, Inc., No. 24-1669 (Fed. Cir. Feb. 9, 2026), the Federal Circuit reversed a district court's holding that GoTV's claims were patent eligible under 35 U.S.C. § 101.

GoTV asserted against Netflix three patents directed to tailoring content presentation to a particular wireless device's screen size or other capabilities. Netflix moved for judgment on the pleadings that the asserted claims were subject-matter ineligible under § 101. The district court denied Netflix's motion, finding the claims eligible at Alice stepone, after which a jury found Netflix liable for infringement and awarded GoTV $2.5 million in damages. Netflix appealed.

The Federal Circuit reversed the eligibility determination. At Alice step one, the Court recognized the dividing line between computer-based claims that use ordinary computer functions to carry out abstract ideas (which require moving to Alice step two) and those that improve how functions are

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