Judge Cites Two Essays by Professor Crouch in Court Decision

The Court of Appeals for the Federal Circuit recently cited two essays written by Professor Dennis Crouch on the patent law doctrine of subject matter eligibility. Dissenting from a rehearing denial in Berkheimer v. HP, Judge Jimmy Reyna relied upon Crouch’s explanation that the underlying decision represented a “precedential sea change.”

See, Dennis Crouch, Patent Eligibility: Eligibility Analysis and Its Underlying Facts: A Roadmap for Surviving Dismissal on the Pleadings, PATENTLY-O (Feb. 15, 2018); Dennis Crouch, Patent Eligibility: Underlying Questions of Fact, PATENTLY-O (Feb. 8, 2018).

To read the court decision, see http://www.cafc.uscourts.gov/sites/default/files/opinions-orders/17-1437.Order.5-25-2018.1.pdf