The Emperor Of Alice's Abstract Wonderland

By Andrew Michaels (July 24, 2018, 2:02 PM EDT) -- As no shortage of commentators and lawyers have observed, stepping through Alice's[1] two-part test for determining whether a patent impermissibly claims an abstract idea often feels more like falling down a rabbit hole.[2] In a recent Federal Circuit case on the abstract ideas carveout from patentable subject matter, Judge S. Jay Plager dissented from the "court's continued application of this incoherent body of doctrine," proclaiming that this "emperor clearly has no clothes," and calling inter alia for the abolition of the abstract ideas doctrine.[3] This article will summarize and discuss Judge Plager's analysis and proposed solutions....

Law360 is on it, so you are, too.

A Law360 subscription puts you at the center of fast-moving legal issues, trends and developments so you can act with speed and confidence. Over 200 articles are published daily across more than 60 topics, industries, practice areas and jurisdictions.

A Law360 subscription includes features such as