practices intellectual property law with the law firm of Troy & Schwartz, LLC in Miami, Florida. She works with clients interested in obtaining legal protection of their intellectual property, commercializing their intellectual property, and protecting their intellectual property from infringement by others. She is an instructor at Miami-Dade College through its Continuing Education Department – Small Business Success Section – and serves on the boards of the Miami Chapter of the National Association of Women Business Owners as President-Elect and The South Florida Theater League.
What makes the Enfish case particularly interesting is that the court found that the software patent at issue was not even an abstract idea. As such, the inquiry as to patent eligibility did not proceed beyond the abstract idea analysis step. Basically the Enfish court used the wording in Alice to refute post-Alice perceptions that all improvements in computer related technology and/or software inventions are inherently abstract and therefore “are only properly analyzed at the second step of the Alice analysis.” Enfish at 11. This interpretation represents what could be a meaningful shift in the interpretation of software patent validity.