Eppenauer Discusses Software Patent Decision on PatentlyO

Shook, Hardy & Bacon Seattle Managing Partner Bart Eppenauer has authored a blog post on PatentlyO discussing the Federal Circuit's decision in software patent case DDR Holdings v. Hotels.com. According to Eppenauer, the decision indicates that software patents are not endangered, as many commentators claimed following the U.S. Supreme Court's 2014 decision in Alice v. CLS Bank. The circuit court held that a system for creating composite webpages is patent eligible, unlike the abstract business method at issue in Alice. "While we’re just at the early stages of a post-Alice world, in my view the DDR decision forges a sensible path on software patentability," Eppenauer wrote. "With so much at stake in terms of America’s role as an innovation leader and the incredible economic impact that the IT industry fuels, let’s hope that more decisions follow the path of DDR."