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