McRO gives hope to US patent owners, but Section 101 uncertainty remains
After two years of uncertainty and no little gloom, a recent Federal Circuit decision may just herald the long-awaited swing-back in the pendulum that software patent owners in the United States have been waiting for. Some, though, still believe that Congress must bite the bullet and take a look at Section 101
The Court of Appeals for the Federal Circuit (CAFC) has never been prone to rushing out its decisions; but even so, the nine months it took to hand down its judgment in McRO Inc, DBA Planet Blue v Bandai Namco Games America was an exceptionally long delay. And it mattered. For this was not any old patent case, but one – it was hoped – that would shed some much-needed light on the murky issue of eligibility under Section 101 of the US Patent Law.
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