VoIP-Pal.com, Inc. v. Apple, Inc., et al.
Patent JusticiabilityDoctri
What is the appropriate standard for determining whether a patent claim "directed to" a patent-ineligible concept under step one of the Court's two-step framework for determining whether an invention is eligible for patenting under 35 U.S.C. §101?
2. Is patent eligibility (at each step of the Court's two-step framework) a question of law for the court based on the scope of the claims or a question of fact for the jury based on the state of art at the time of the patent?
3. What considerations should guide courts in applying the second step of the Court's two-step framework and what considerations to determine whether a patent claims eligible subject matter under 35 U.S.C. §101?
What is the appropriate standard for determining patent-eligibility under 35 U.S.C. §101?