Lessons From 4 Months Of Post-Alice Decisions

Law360, New York (October 31, 2014, 10:18 AM EDT) -- Four months ago, the U.S. Supreme Court decided Alice Corp. v. CLS Bank.[1] Since then, patent challengers have routinely and successfully invalidated claims under 35 U.S.C. § 101 by applying Alice. Additionally, federal district courts have applied Alice at all stages of litigation. Thus, the data support the general impression that Alice could prove to be a significant weapon against software and business method patents.

Statistics: When Have Invalidity Contentions Been Successful?

As of Oct. 20, 2014, 18 courts have directly relied upon Alice in deciding whether claims were invalid under § 101: 15 district courts decisions and three Federal Circuit...

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