Full Fed. Circ. Won't Eye Rulings That Raised Bar On Alice

By Ryan Davis (May 31, 2018, 8:43 PM EDT) -- The full Federal Circuit voted Thursday not to rehear two cases seen as making it harder to invalidate patents for claiming ineligible material under the U.S. Supreme Court's Alice test, saying the holdings that patent eligibility can involve factual issues follow established litigation rules.

The court, with only one judge dissenting, denied petitions for en banc rehearing by HP Inc. and Green Shades Software Inc. in two separate cases that shook up patent law when they were decided within days of each other in February. In both cases, the panels held that lower courts acted too soon in finding the patents...

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