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Quick Alice Wins May Be Tougher After Fed. Circ. Ruling

Law360 (February 13, 2018, 8:00 PM EST) -- The days of patents regularly being invalidated under Alice early in a case could be over following a Federal Circuit decision that a judge wrongly granted summary judgment that a patent claimed only abstract ideas, attorneys say, and the contentious issue may now go to juries.

The appeals court held Thursday that it was wrong for a judge to rule that a file-archiving patent asserted against HP Inc. was ineligible for patenting under the standard established in the U.S. Supreme Court’s Alice decision because there were underlying...
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Case Information

Case Title

Berkheimer v. Hewlett-Packard Company

Case Number



Appellate - Federal Circuit

Nature of Suit

830 Patent Infringement (Fed. Question)

Date Filed

December 29, 2016

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