Alice Still Packs A Punch, But With A Little Less Sting

Law360 (June 19, 2020, 8:38 PM EDT) -- Six years after the U.S. Supreme Court issued its Alice decision restricting patent eligibility, it remains a potent tool for attacking patents, although recent court decisions and guidance from the patent office appear to have started blunting its impact, attorneys say.

The high court ruled in June 2014 that abstract ideas implemented using a computer are not patent eligible under Section 101 of the Patent Act. Courts and the Patent Trial and Appeal Board have used the Alice v. CLS Bank holding to invalidate claims in more than 1,000 patents, according to a report last year.

Recent Federal Circuit decisions faulting...

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