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...

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