How Recent Case Law Can Be Used To Fight Alice Challenges

By Ryan Davis (September 20, 2016, 11:12 AM EDT) -- The U.S. Supreme Court's 2014 Alice decision has been used to invalidate many computer and software patents for claiming abstract ideas, but Federal Circuit decisions this year have given patent owners and applicants ways to push back. Here's how attorneys are using recent case law to defend patents against Alice.

After many lower court rulings cited Alice to find computer and software inventions ineligible for patents under Section 101 of the Patent Act and were upheld on appeal, the Federal Circuit bucked the trend this year in separate decisions known as Enfish, Bascom and McRo, each of which reversed Alice invalidations....

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