Getting Juries To Ax Patents Under Alice May Be Hard Sell

Law360 (March 5, 2018, 6:56 PM EST) -- Recent Federal Circuit rulings have made it harder to win early motions to invalidate patents for claiming abstract ideas, so more juries may be asked to decide the contentious issue of patent eligibility. That has rarely happened before, but attorneys say persuading jurors to invalidate patents as ineligible could be a tall order.

The U.S. Supreme Court's 2014 Alice ruling, holding that abstract ideas simply implemented using a computer are not patent-eligible, has been embraced by accused infringers, who have used it to invalidate scores of patents on motions for dismissal or summary judgment. But two decisions last month established significant...

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