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DDR Holdings, Inc. v. Hotels.com: Scoring the CAFC Split

DDR Holdings, Inc. v. Hotels.com: Scoring the CAFC Split published on 1 Comment on DDR Holdings, Inc. v. Hotels.com: Scoring the CAFC Split

DDR Holdings, Inc. v. Hotels.com is the first post-Alice Federal Circuit decision that finds particular claims to be non-abstract and patent-eligible. While it was inevitable that such a case would arise eventually, the type of invention that prompted this opinion is surprising: the subject matter is much more business-method-focused than the claims invalidated under 101 in other recent Federal Circuit opinions, such as Digitech Image and I/P Engine.

This opinion demonstrates the persistence of the deep and bitter split among Federal Circuit judges on this fundamental issue of patent law. And while the patent landscape has certainly shifted due to Mayo and Alice, DDR Holdings demonstrates that Alice has only exacerbated, rather than ameliorate, a court split that dates back at least to the 2008 Bilski decision.
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