The quote of the day comes from today’s opinion in Gust v. Alphacap, __ F.3d __ (Fed. Cir. 2018)(slip op. at page 11):
Our case law recognizes that there is no bright line exclusion of software patents or business method patents from patent eligibility. Ultramercial, Inc. v. Hulu, LLC, 772 F.3d 709, 715 (Fed. Cir. 2014) (“[W]e do not purport to state that all claims in all software-based patents will necessarily be directed to an abstract idea.”); buySAFE, Inc. v. Google, Inc., 765 F.3d 1350, 1354 (Fed. Cir. 2014) (recognizing that Bilski v. Kappos, 561 U.S. 593, 611 (2010) did not create a general business method exception for patent eligibility).
Gust v. Alphacap, __ F.3d __ (Fed. Cir. 2018)(slip op. at page 11)(Judge Linn writing for the court).