Judge Uses Alice To Ax Patents OK'd Under New Alice Rules

Law360, New York (November 9, 2015, 7:28 PM EST) -- An Ohio federal judge ruled Friday that patents issued under new U.S. Patent and Trademark Office guidelines for applying the U.S. Supreme Court's Alice decision can still be invalidated under Alice, finding that recently issued vehicle-tracking patents asserted by MacroPoint against rival FourKites claim only abstract ideas.

According to attorneys for FourKites, the decision may be the first in which a judge invalidated patents that were examined under guidelines that the USPTO issued to examiners in December. The guidelines are aimed at ensuring that the office only issues patents that pass muster under the June 2014 Alice decision, which judges have...

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