What Courts Are Saying About Software Patents Post-Enfish

Law360, New York (August 9, 2016, 11:23 AM EDT) -- Joseph Casino

Benjamin Daniels The U.S. Supreme Court cast a shadow over software patents with its landmark decision in Alice Corp. Pty Ltd. v. CLS Bank Int'l, 134 S. Ct. 2347, 2355 (2014). As Justice Clarence Thomas bluntly put it, "[s]tating an abstract idea while adding the words 'apply it with a computer'" is not enough to invoke patent protection. Since Alice, courts have routinely invalidated software patents at the motion to dismiss stage, leaving many to wonder whether Alice had sounded "the death-knell for patent protection of computer implemented inventions." Improved Search LLC v. AOL Inc., Civ. No. 15-262-SLR (D....

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