Evolution of District Court Opinions on §101

I always enjoy the Docket Report’s posts on patent eligibility decisions.  They are available at this [link].  While not scientific by any stretch of the imagination, it is interesting to look at how the posts seem to reflect that more and more patents are being found patent eligible by the district courts.  For example, in July of 2015, all nine cases covered had a decision reflecting patent ineligibility (0-9).  In January 2016, the cases covered were (3-4) — three cases favoring patent eligibility and four favoring patent ineligibility.  In January 2017, the cases covered went (5-2) — five decisions favoring patent eligibility and two cases reflecting patent ineligibility.  The links are below.  I think my favorite one is from December 1, 2016 “Newly Assigned Judge Vacates Earlier Summary Judgment Invalidating Advertising Campaign Analysis Patents Under 35 U.S.C. § 101​.”

July 2015

Friday, July 31, 2015

Personal Computer Lottery Game Patent Likely Unpatentable Under 35 USC § 101

Thursday, July 30, 2015

Emergency Call Analysis Patent Invalid Under 35 USC § 101

Wednesday, July 22, 2015

Fighter Jet Motion-Tracking Patent Invalid Under 35 USC § 101

Tuesday, July 21, 2015

Business Intelligence Patents Invalid Under 35 USC § 101

Friday, July 17, 2015

On-Demand Media Bookmarking Patent Invalid Under 35 USC § 101

Wednesday, July 15, 2015

Computer Configuration Migration Patents Invalid Under 35 USC § 101

Tuesday, July 14, 2015

Mass Transit Payment Processing Patents Invalid Under 35 USC § 101

Distributed Processing Patents Invalid Under 35 USC § 101

Wednesday, July 1, 2015

Kickstarter Invalidates Crowd-Funding Patent Under 35 U.S.C.§ 101

January 2016

Thursday, January 28, 2016

Financing Package Generation Patent Unpatentable Under 35 U.S.C. § 101

Tuesday, January 26, 2016

ATM Patent Not Invalid Under 35 U.S.C. § 101

Friday, January 22, 2016

Customizable Merchandise Preview Patent Invalid Under 35 U.S.C. § 101

Friday, January 15, 2016

Data Distribution Patent Invalid Under 35 U.S.C. § 101

Friday, January 8, 2016

Network Firewall Patent Not Invalid Under 35 U.S.C. § 101

Wednesday, January 6, 2016

Automatic Version Control Patent Not Invalid Under 35 U.S.C. § 101

Tuesday, January 5, 2016

Network Messaging Patent Invalid Under 35 U.S.C. § 101

January 2017

Wednesday, January 25, 2017

File Access Patent Not Ineligible Under 35 U.S.C. § 101​

Tuesday, January 24, 2017

Patent for Manufacturing Custom Dental Crowns Not Ineligible Under 35 U.S.C. § 101​

Friday, January 20, 2017

Peripheral Device Security Patent Not Ineligible Under 35 U.S.C. § 101

Wednesday, January 11, 2017

Web Browser Security Patents Not Invalid Under 35 U.S.C. § 101 at Summary Judgment Stage

Monday, January 9, 2017

Eight Video Signal Transfer Patents Invalid Under 35 U.S.C. § 101 Despite Earlier PTAB Findings of Nonobviousness​

Friday, January 6, 2017

Tunneling Client Access Point Patent Not Invalid Under 35 U.S.C. § 101​

Wednesday, January 4, 2017

Electromagnetic Identification Patents Invalid Under 35 U.S.C. § 101​

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