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...
Stay ahead of the curve
In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.
Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
Create custom alerts for specific article and case topics and so much more!