RECENT cases involving Alice.


Affinity Labs, Persistent in the Face of PTAB Headwinds, Files Second Suit Against BlackBerry


Full Federal Circuit Declines to Rehear Recent Alice-Related Decisions Berkheimer and Aatrix Software

June 3, 2018
Patent Litigation Feature
Last week, the Federal Circuit declined to rehear en banc the Berkheimer and Aatrix Software cases handed down this past February. The Berkheimer opinion held that citation to a patent’s specification may raise questions of fact as to the inventiveness of the patent’s claims such that summary judgment is premature, while Aatrix Software bars a Rule 12 Alice decision on subject matter eligibility when factual disputes remain over a patent’s inventiveness. Together, the two decisions have raised questions about the propriety of resolving patent-eligibility disputes before the issue is tried to a jury, potentially curbing the rise in early dismissals since the US Supreme Court’s Alice decision in June 2014.
https://insight.rpxcorp.com/news/8556?utm_cam...itle_click


June 3, 2018
Media Content and Distribution, New Patent Litigation
Affinity Labs of Texas, LLC does not appear to be giving up its litigation against the two remaining active defendants in its content streaming campaign, BlackBerry and Netflix. In recent status reports filed with the Northern District of California, the parties noted the invalidation of myriad claims from asserted Affinity Labs patents as a result of multiple inter partes reviews; however, the NPE indicated that it intends to proceed as to the one claim left standing (because the PTAB did not institute trial as to that claim). In addition, Affinity Labs has filed a new complaint against BlackBerry (3:18-cv-03194), asserting three patents mentioned in its status report in the earlier BlackBerry case as forming the basis of a potential motion to amend that prior complaint. The accused products are certain smartphones built on the BlackBerry or Android operating systems.
https://insight.rpxcorp.com/news/8556?utm_cam...itle_click