Ex-Fed. Circ. Chief Urges Full Court To Clarify Alice Test

By Ryan Davis (May 22, 2020, 6:59 PM EDT) -- Former Federal Circuit Chief Judge Paul Michel has urged the court he served on for two decades to clarify what he called its "starkly inconsistent" tests for determining whether a patent is invalid under Alice, throwing his support behind the en banc rehearing requested by Customedia in a dispute with Dish Network.

In an amicus brief filed Friday, Judge Michel called on the full court to review a March panel decision that Customedia's advertising data storage patents are invalid under the U.S. Supreme Court's 2014 Alice decision that abstract ideas implemented using a computer are not patent eligible unless they add an...

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