Analysis

Patents Are Surviving Challenges Under Alice More Often

Law360, New York (September 22, 2017, 3:43 PM EDT) -- Federal courts followed the U.S. Supreme Court’s 2014 Alice decision by invalidating scores of computer and software patents. But district courts are more often upholding patents in these types of challenges, new data shows, with a surprising twist coming out of the Eastern District of Texas.

In its landmark decision, the Supreme Court held that abstract ideas implemented on a computer are not patentable under Section 101 of the Patent Act and laid out a two-part test for determining patent eligibility. The ruling is considered among...
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