Analysis

Quick Alice Wins Dwindling In Wake Of Berkheimer Ruling

Law360 (July 25, 2019, 8:47 PM EDT) -- The success rate for invalidating patents under Alice early on in a case has dropped significantly following a Federal Circuit decision last year that such motions can involve factual questions inappropriate for early resolution, new data shows.

In the year and a half since the appeals court's decision in Berkheimer v. HP, judges have at least partially granted 46% of motions for dismissal or summary judgment alleging a patent covers ineligible subject matter like abstract ideas, according to RPX Corp. statistics. In the five years before the Berkheimer ruling, 69% of such motions were granted.

Motions to dismiss on eligibility grounds have become...

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