is a Patent Attorney who has handled US and International patent matters for Fortune 500 corporations and national laboratories (NREL, Sandia, Los Alamos) as well as trademark prosecution, copyright registrations and litigation before trial and appellate courts. Current clients include MNCs in automotive, computer and energy technologies as well as SMEs in biotech. For more information, or to contact Brian, please visit his firm webpage.
The USPTO Memorandum of November 2, 2016 as to Recent Subject Matter Eligibility Decisions (“USPTO Memo”) inappropriately attributes the phrase “computer-related technology” to McRO, Inc. dba Planet Blue v. Bandai Namco Games America Inc., 120 USPQ2d 1091 (Fed. Cir. 2016). The phrase “computer-related technology” does not appear in McRO or even in Alice Corp. Pty Ltd. v. CLS Bank Int’l, 134 S. Ct. 2347 (2014); rather, it appears in Enfish, LLC, v. Microsoft Corp., 822 F.3d 1327 (Fed Cir. 2016) and only after Enfish appropriately cites Alice.