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Winning an Alice Challenge Requires Specificity

In light of Enfish and DDR Holdings, software patent owners are quick to point out how their inventions improve the functioning of the computer itself. However, it is well understood that simply improving the functioning of...more

Another Software Patent Survives an Alice Challenge

Inventions directed to “organizing information” have long been the subject of §101 challenges. Courts and the Patent Office alike have invalidated software patents that organize information and activity, often citing Bilski...more

Multitasking Patent Ineligible, Even in View of Enfish

The Federal Circuit recently held a software patent to be eligible for patent protection for just the second time since Alice was decided almost two years ago, in a case now commonly referred to as Enfish. The district court...more

The Effect of Alice on Attorneys' Fees Motions

Software patent litigation can often involve non-practicing entities (“NPEs”) and other plaintiffs that some have accused of asserting weak patents to extract royalties. It is no surprise, then, that defendants move for...more

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