• McRO Inc. v. Bandai Namco Games America Inc. et al.
  • October 3, 2016 | Authors: Ross A. Dannenberg; Peter Nigrelli; Aseet Patel
  • Law Firms: Banner & Witcoff, Ltd. - Washington Office; Banner & Witcoff, Ltd. - Chicago Office
  • The U.S. Court of Appeals for the Federal Circuit in McRO Inc. v. Bandai Namco Games America Inc. et al., case number 15-1080, reversed the district court’s grant of judgment on the pleadings under Fed. R. Civ. P. 12(c) that the asserted claims of U.S. Patent Nos. 6,307,576 (the ’576 patent) and 6,611,278 (the ’278 patent) are invalid, and remanded to the U.S. District Court for the Central District of California for further proceedings. McRO is only the fourth decision of the Federal Circuit to reverse a lower court’s holding of patent ineligibility since the U.S. Supreme Court’s decision in Alice v. CLS Bank.i In a sea of Alice rejections, McRO serves as a guide to what the Federal Circuit believes are non-abstract, patent eligible claims.