Over the last year, several Federal Circuit judges have filed opinions lamenting the state of the case law that interprets the abstract idea exception to patent eligibility under 35 U.S.C. § 101. For example, Judge Linn...more
In Shipping and Transit, LLC v. Hall Enterprises, Inc., a district court recently held that a patent infringement case was “exceptional” under 35 U.S.C. § 285 and the defendant was entitled to recover attorney fees and costs...more
7/31/2017
/ Abstract Ideas ,
Attorney's Fees ,
CLS Bank v Alice Corp ,
Exceptional Case ,
Litigation Fees & Costs ,
Objective Unreasonableness Standard ,
Octane Fitness v. ICON ,
Patent Infringement ,
Patent-Eligible Subject Matter ,
Patents ,
Section 101
In a recent article, we discussed how courts have used patent specifications in finding that patents satisfy the Supreme Court’s Mayo/Alice test. However, the specification may be a double-edged sword. Language in the...more
Two recently issued decisions by federal courts highlight the uncertainty around claims to software-implemented inventions after the Supreme Court decision in Alice v. CLS Bank. Both decisions relate to the patent...more