Firm Says Tech Co.’s Botched Ad Patent Was Ineligible
Law360, New York (August 4, 2016, 7:33 PM EDT) -- Antonelli Terry Stout & Kraus LLP on Wednesday pushed the Second Circuit to nix an $8 million malpractice verdict against it for mishandling a tech company’s failed patent application, arguing the purported invention at issue was patent ineligible and would not have been approved regardless of the firm's actions.
Holding to its earlier argument that Protostorm LLC’s game advertising patent would be considered an abstract computer idea under the U.S. Supreme Court’s Alice decision, Antonelli said it should be absolved of the malpractice judgment against it, since a patent prosecution malpractice claim can’t be sustained with regard to an unpatentable invention....
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!