Fed. Circ. Ad Patent Ruling Will Spur Early Alice Attacks

Law360, New York (November 14, 2014, 8:07 PM EST) -- The Federal Circuit's decision Friday invalidating Ultramercial LLC's online advertising patent for claiming an abstract idea confirms that the U.S. Supreme Court's Alice Corp. decision puts computer-related patents at risk and will encourage defendants to attack the validity of such patents early in litigation, attorneys say.

The appeals court, which had twice before held that Ultramercial's patent was valid, reversed course and concluded that it claimed nothing more than the abstract idea of using online advertising to make money. It cited the high court's June holding in Alice that abstract ideas implemented using a computer are not eligible for a patent...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.


  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!

TRY LAW360 FREE FOR SEVEN DAYS