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Expert Analysis

Different Outcomes In Similar Patent-Eligibility Cases

Law360, New York (February 6, 2015, 3:55 PM EST) -- Since the U.S. Supreme Court issued Alice v. CLS Bank, district courts and the Federal Circuit have considered how to apply its two-part test for determining patent eligibility. Three recent cases, two from California district courts and one from the Federal Circuit highlight how different approaches result in opposite outcomes in seemingly analogous cases. Considering the analyses of these cases, as well as examples the U.S. Patent and Trademark Office provided last month, may assist practitioners in drafting claims to patent-eligible subject matter and considering patent eligibility with respect to issued claims....

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