Fed. Circ. Revives 'Exceptionally Meritless' IP Suit

Law360 (June 25, 2019, 7:34 PM EDT) -- The Federal Circuit on Tuesday revived a suit that a lower court had called "exceptionally meritless," ruling that the patents that Cellspin Soft Inc. claims Nike, Canon, GoPro and others are infringing should not have been deemed invalid under Alice at the dismissal stage.

In a unanimous, published decision, the Federal Circuit panel ruled that the four patents in question are directed to the abstract idea of transmitting data, which is the first of two hurdles that the defendants must clear to invalidate the patents under the U.S. Supreme Court's Alice ruling. But, the panel said, the patents do contain arguably...

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