Strategies For Prosecutors Post-Alice — Focus On The Facts

Law360, New York (March 2, 2015, 10:09 AM EST) -- There is now little doubt the U.S. Supreme Court's decision last year in Alice Corp. Pty. Ltd. v. CLS Bank Int'l[1] has had and continues to have a profound impact on many aspects of patent protection. There seem to be new developments every day — Federal Circuit and district court decisions, new guidelines from U.S. Patent and Trademark Office, and additional USPTO examples regarding patentable or unpatentable subject matter. On any given day in patent prosecution, it is difficult to know what will be most effective in advancing the client's application in the face of a difficult Alice conundrum....

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