Eolas Seeks Supreme Court Review of Federal Circuit’s Patent Eligibility Decision

Eolas is seeking a writ of certiorari from the Supreme Court — hoping that the court will overturn the Federal Circuit’s decision invalidating its distributed computing (WWW) claims as ineligible under Alice Corp. and Mayo and ostensibly under 35 U.S.C. § 101. The petition presents three key questions for the Court’s consideration:

1. Whether claims drawn to solving specific problems restricting the usefulness of an existing computer-network technology recite patent-eligible subject matter under 35 U.S.C. § 101 and Alice Corp. Pty. Ltd. v. CLS Bank Int’l, 573 U.S. 208 (2014).
2. Whether Alice’s two-step eligibility analysis under § 101 can properly subsume considerations of conventionality, functional claiming, and specificity of description—which traditionally fall under 35 U.S.C. §§ 102, 103, and 112.
3. Whether the challenged claims are patent eligible. Patent No. 9,195,507.

Petition for Writ of Certiorari, Eolas Techs. Inc. v. Amazon.com, Inc., No. 23-1184 (U.S. May 1, 2024).  Eolas argues that the Federal Circuit’s decision conflicts with Alice and threatens to render ineligible claims drawn to improving computer-network technology, even when those claims are directed to solving specific problems with that technology.

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