Kenneth Weatherwax, co-managing partner at Lowenstein & Weatherwax LLP, was quoted in an article published by Law360 on July 25, 2019 regarding the Court of Appeals for the Federal Circuit’s recent decision in Berkheimer v. HP that “eligibility for patenting” under 35 U.S.C. § 101 involves factual as well as legal questions, and its evident effect of reducing the frequency of early-stage rulings in court cases that asserted patent claims are ineligible. The article quoted Mr. Weatherwax’s observation that invalidations for ineligibility had spiked dramatically upward under the Supreme Court’s 2015 Alice v. CLS Bank decision so it was “hardly surprising” to see them retreat from that high point, and that after Berkheimer, almost half of such invaliditation motions are still being granted. The article may be accessed (subscription required) at this link.