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Expert Analysis

Patent Invalidity Rates: The Summertime Blues Continue

Law360, New York (September 2, 2015, 11:37 AM EDT) -- In just the first 10 days of July, there were 12 federal court decisions on patent eligibility under 35 U.S.C. 101. I predicted that we could see some 20 to 30 decisions by the end of the month. Sadly, I was spot on: By the end of July there were 21 decisions, with 17 of those (81 percent) invalidating 36 patents. With those cases, and the cases through Aug. 26, these are the current post-Alice numbers:...

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