Analysis

Fed. Circ. Ruling May Mean Higher Bar For Alice Motions

Law360 (June 28, 2019, 6:55 PM EDT) -- It could become tougher to invalidate patents under Alice following a Federal Circuit decision that held issued patents have a presumption of eligibility, while also highlighting a way patent owners can defeat early motions that claim their inventions cover only abstract ideas.

In a decision Tuesday, the appeals court vacated a California judge’s dismissal of Cellspin Soft’s suits against Fitbit and others over four patents for connecting a digital camera to a mobile device. It said the lower court wrongly held that patents are not presumed to be patent-eligible, and also failed to credit Cellspin’s allegations that the patents are not...

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