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Federal Judges Slam Alice At Event Honoring Judge Whyte

Law360, San Francisco (October 18, 2016, 9:49 PM EDT) -- Three federal judges from California and Delaware speaking Tuesday at a symposium to honor retiring U.S. District Judge Ronald Whyte criticized the U.S. Supreme Court’s Alice ruling, saying it has spurred hundreds of patent invalidity motions in their districts, and its two-part test for analyzing patent validity is too subjective.

U.S. District Judges Leonard P. Stark, Andrew J. Guilford and Cathy Ann Bencivengo said that there’s been a rise in the number of patent invalidity motions in their districts since the Alice ruling came out in 2014 and that has slowed down pre-trial proceedings.

“I’m waiting for this trend to expire,”...

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