Berkheimer v. HP Inc., (Fed. Cir. 2018) On February 8, 2018, the Federal Circuit reversed the district court’s summary judgment that claims 4-7 of Berkheimer’s patent are ineligible under § 101.  As patentability under § 101 is a question of law based on underlying facts, summary judgment is not appropriate when there is a genuine dispute over the underlying facts.  The court found that the improvements to the claimed invention described in the specification “create a factual dispute regarding whether the invention describes well-understood, routine, and unconventional activities.”  Therefore, the court remanded for determination whether the asserted claims captured the improvements over well-understood, routine and conventional elements.