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Expert Analysis

7 Non-Alice Considerations For Software Patents

By Joseph Saltiel (April 26, 2019, 5:02 PM EDT) -- The U.S. Supreme Court's 2014 decision in Alice Corp. Pty. Ltd. v. CLS Bank International has disrupted the world of software patents. Instantly, software patents were being successfully challenged as not patentable using Alice. The pendulum started to swing back with more software patents surviving Alice challenges. But instead of a pendulum, recent court decisions have become more like a pingpong ball with some upholding software patents while others, like this month's New York federal court decision in WalkMe Ltd. v. Pendo.io Inc., harkening back to early Alice decisions easily dismissing complaints because the asserted software patents recite ineligible subject matter....

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