Maybe I’m being too optimistic. But in a pair of decisions issued within a week of each other, Berkheimer v. HP and Aatrix Software v. Green Shades, the Federal Circuit just vacated two patent ineligibility determinations... And if you think these declarations are too good to be true, take a look at the decisions, both drafted by Judge Moore. Both are in the software field... The Court held that the district court erred in granting summary judgment of ineligibility with respect to some of Berkheimer’s claims... In Aatrix Software v. Green Shades, the Court vacated a Rule 12 dismissal for lack of patent eligibility.
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