In light of Enfish and DDR Holdings, software patent owners are quick to point out how their inventions improve the functioning of the computer itself. However, it is well understood that simply improving the functioning of a computer does not overcome Alice. So where is the line drawn?

The case of Visual Memory, LLC v. Nvidia Corp., Civil Action No. 15-789-RGA (D. Del. May 27, 2016) focused heavily on the specificity of the invention when invalidating a software patent at the motion to dismiss stage. In Visual Memory, the invention related to a three-tiered memory hierarchy with slow, low-cost memory; medium speed memory; and expensive, high-speed memory. Data is stored into one of the three memories based on pre-programmed characteristics that are based on the processor type.