Kenneth Weatherwax, co-managing partner at Lowenstein & Weatherwax LLP, was quoted in an article published by Bloomberg Law on October 3, 2019 regarding a growing shift from judges to juries of questions about whether patents are or are not invalid for claiming abstract ideas that are not eligible for patenting under the Patent Act.  The article quoted Mr. Weatherwax’s observation that this trend is likely to continue if Berkheimer v. HP, a recent decision by the United States’ patent appeals court holding that this is a fact-bound inquiry, survives an attempt to have that decision reviewed and reversed by the United States Supreme Court.  The article may be accessed (subscription required) at this link.