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In Law360, IP Litigator Addresses Federal Circuit Ruling on Patent Eligibility

Practices: Intellectual Property, Intellectual Property Litigation, Patent Litigation, Patent Trial & Appeal Board (PTAB) Proceedings

Capital Insights.

Intellectual property litigation counsel Matthew Rizzolo (Washington, D.C) discussed in a Feb. 14 Law360 article the impact of a recent Federal Circuit decision that faulted a lower court for invalidating data manipulation patents as abstract ideas on a motion to dismiss in Aatrix Software Inc. v. Green Shades Software Inc. This is the second time in days the court has held that a judge too quickly found that patents failed the U.S. Supreme Court’s Alice test for patent eligibility because the test may require resolution of disputed factual issues.

Mr. Rizzolo notes that the new difficulties accused infringers may face in quickly getting patents invalidated under Alice in court as a result of these decisions could prompt more of them to resort to using the covered business method review program to challenge patentability under Section 101.

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