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....

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