Analysis

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 factual disputes that could not be resolved on summary judgment.

Since the high court’s 2014...

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