Move, Inc. v. Real Estate Alliance Ltd. (Fed. Cir. 2018)

By Michael Borella — One of the more frustrating aspects of the current judicial patent eligibility framework is the propensity for courts, even the Federal Circuit, to carry out the two-part test from Alice Corp. v. CLS Bank Int'l in a conclusory fashion. When this occurs, the claims under review are most likely going to be found non-statutory and invalid under 35 U.S.C. § 101. In this case, the Federal Circuit actually provides ample reasoning for finding that claims fail the test, albeit in a nonprecedential case. Real Estate Alliance Ltd. ("REAL"), is the assignee of U.S. Patent Nos. 5,032,989…Original Article