HP Asks High Court to Take Up Abstract Patent Challenge Case

The U.S. Supreme Court could soon weigh in on how courts should determine whether a patent covers eligible subject matter, a topic that has frustrated patent lawyers since the last time the justices ruled on the issue.

HP Inc. has asked the high court to review the U.S. Court of Appeals for the Federal Circuit’s ruling in Berkheimer v. HP. The decision weakened the patent eligibility test the Supreme Court laid out in a string of cases, culminating in 2014’s Alice v. CLS Bank, HP argued in its Oct. 2 petition. Patent owner Steven E. Berkheimer’s response is due ...