Alice Ruling Premature In HP Suit, Fed. Circ. Judge Suggests

A Federal Circuit judge suggested Wednesday that an Illinois trial court was too quick to use the Supreme Court’s Alice standard to invalidate a digital-archiving patent that has been asserted against Hewlett-Packard Co., saying there was still a genuine factual dispute as to whether the invention was abstract.

Circuit Judge Kimberly A. Moore appeared sympathetic to inventor Steven E. Berkheimer’s appeal of a decision invalidating the claims, grilling counsel for HP on why it was appropriate to toss the case at summary judgment when the facts...

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