Two recent Federal Circuit opinions suggest that factual questions and evidence may influence eligibility analyses under 35 U.S.C. § 101. These opinions may significantly change how both litigators and prosecutors handle § 101 issues, with a new focus on factual questions of inventiveness. The first of these cases, Berkheimer v. HP Inc., concerned U.S. Patent No. 7,447,713 (“the ’713 Patent”), which described a system for digitally processing and archiving files.
