How Electric Power Group Case Is Affecting Software Patents

Law360 (August 19, 2019, 1:11 PM EDT) -- Many commentators predicted the end of software patents after the U.S. Supreme Court’s Alice Corp. v. CLS Bank International decision. Software patent practitioners therefore applauded when the U.S. Court of Appeals for the Federal Circuit stated in 2016’s Enfish LLC v. Microsoft Corp. decision that “claims directed to software, as opposed to hardware, are [not] inherently abstract.”[1] But soon thereafter, our optimism waned when the Federal Circuit in Electric Power Group LLC v. Alstom SA found that data gathering, analysis and display is an abstract idea, thus rendering many software inventions abstract.[2]

In fact, the Federal Circuit is recently applying Electric...

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