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Mar. 16, 2017

Decision is the latest chapter in the Alice progeny

In its analysis under Alice, in a recent case the Federal Circuit distinguished the present case from Enfish and Bascom Global.

Steve Bachmann

Bachmann Law Group

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The U.S. Supreme Court's decision in Alice Corp. v. CLS Bank Int'l, 134 S. Ct. 2347 (2014), has turned software patents upside down, instigating a huge rise in software patent invalidations.

In the Alice case, the Supreme Court formulated a two-part test for software patentability. First, determine if the claims are directed to a "judicial exception" to patent eligibility, such as a law of nature, physical phenomena or abstract idea.

Second, if directed to an ...

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