The Wonderland Of Patent Ineligibility As Litigation Defense

Law360, New York (June 5, 2015, 10:19 AM EDT) -- For accused infringers in software patent cases, the year since the U.S. Supreme Court's decision in Alice Corp. v. CLS Bank Int'l has been like a fantasy. Just as Lewis Carroll's famous character Alice follows a white rabbit down a rabbit hole into Wonderland, so too have accused infringers followed Alice into a new and curious world. In the post-Alice world, district courts are considering and granting pretrial motions to invalidate software patents for lack of patent eligibility at a legendary rate.

One must wonder, however, whether this world is just a fantasyland because Congress apparently never authorized patent ineligibility as...

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