Gree, Inc. v. Supercell Oy (Fed. Cir. 2020)

By Michael Borella — One would think that inventions relating to computer game software would easily meet the requirements for patent eligibility, as these inventions fundamentally involve technological processes and require computer implementation. But that is not always the case. Under current interpretations of the eligibility standard, not only does the language of the actual claims matter, so does the context of the invention. Gree was issued U.S. Patent No. 9,597,594, and it was timely challenged in a Post Grant Review (PGR) by Supercell. The challenger is a mobile game development company, responsible for the widely-popular Clash of Clans and…