By Matthew Fagan (June 23, 2017, 1:36 PM EDT) -- When the America Invents Act took effect in 2013, commentators noted that the workload of the Federal Circuit was likely to increase due to new options available to patent practitioners (e.g., covered business method reviews, post-grant reviews, and inter partes reviews). Moreover, the U.S. Supreme Court's 2014 decision in Alice Corp. v. CLS Bank International injected uncertainty into software and business-method cases, which collectively account for over half of the utility patents issued in the United States.[1] As the U.S. Patent and Trademark Office struggled to apply the (largely philosophical) test for patentable subject matter based on Alice and its progeny, it appeared inevitable that questions over Alice would only add to the number of appealed PTO rejections....
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