Are Questions Of Fact Being Overlooked In Software Cases?
Law360, New York (January 12, 2015, 10:06 AM EST) -- Defendants have used 35 U.S.C. § 101 as a powerful tool to short-circuit infringement cases involving software patents since the U.S. Supreme Court's proclamation in Alice Corp. Pty. Ltd. v. CLS Bank. Emboldened by recent appellate decisions, they are filing dispositive motions at the onset of litigation that assert a patent claims patent-ineligible subject matter. District court judges have granted many of these motions, often tossing software cases before meaningful fact discovery has been completed and before conducting a claim construction hearing.
The manner and timing of these dismissals raises an important question that has not yet been raised or addressed:...
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