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