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Civil Litigation,
Intellectual Property

Apr. 18, 2018

Has Alice gone down the rabbit hole?

A new series of Federal Circuit decisions indicates concern that the pendulum has swung too far, and discourages early patent-eligibility challenges.

Evan S. Day

Counsel
Perkins Coie LLP

11988 El Camino Real Ste 350
San Diego , California` 92130

Phone: 858-720-5700

Email: eday@perkinscoie.com

See more...

Joseph P. Reid

Partner
Perkins Coie LLP

11988 El Camino Real Ste 350
San Diego , California` 92130

Email: jreid@perkinscoie.com

See more...

Has Alice gone down the rabbit hole?
(Shutterstock)

This column appeared in the April 18 TOP INTELLECTUAL PROPERTY LAWYERS special report.

[Federal Circuit rulings attached below.]

Since the U.S. Supreme Court's seminal decision in Alice Corp. v. CLS Bank International, 134 S. Ct. 2347 (2014), challenging patent subject matter eligibility under 35 U.S.C. Section 101 has become a favorite defense strategy. Drawn by the prospect of ending cases early -- be...

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