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Winning Section 101 Motions By Defining The Abstract

Law360, New York (November 14, 2017, 4:23 PM EST) -- The critical dispute in most 101 motions post-Alice is how to define the alleged “abstract idea” covered by a patent. Patent owners win when they can convince the judge that the central “idea” behind a patent is sufficiently complex and nonabstract; accused infringers win when they convince the judge the idea of the patent is fully captured by a simple and short description. The latest Federal Circuit 101 decision, Smart Systems Innovations LLC v. Chicago Transit Authority,[1] once again should guide patent litigators toward focusing their...
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