In his IAM guest blog in May which analysed the impact of the Court of Appeals for Federal Circuit’s (CAFC) Enfish decision, former Microsoft patent counsel Bart Eppenauer claimed that he felt that the decision “will set the stage for further positive momentum in the treatment of software patents”. The CAFC’s decision earlier this week in McRO (d.b.a Planet Blue) v Bandai Namco Games North America undoubtedly added to that momentum, but to some it still failed to resolve several of the questions hanging over 101.

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