Fed. Circ. Says Judge Jumped Gun In Giving Alice Win To HP

Law360 (February 8, 2018, 6:07 PM EST) -- The Federal Circuit ruled Thursday that a lower court wrongly found part of a digital file archiving patent HP is accused of infringing to be invalid as abstract, holding that the case involved factual issues that the judge should not have resolved on summary judgment.

The three-judge appeals court panel vacated part of a 2016 decision by Judge John Z. Lee of the Northern District of Illinois granting summary judgment to HP Inc. The judge found many claims of inventor Steven E. Berkheimer’s patent invalid under the U.S. Supreme Court’s Alice decision, which bars patents on abstract ideas implemented on computers....

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