$SFOR Federal Circuit Landmark Alice/101 Decision

$SFOR Federal Circuit Landmark Alice/101 Decision http://jmp.sh/JOtEeEc (Feb 2018 )

Peeps Should Spend some time reading this Landmark Judgement i.e. Two Key Points... This judgement was followed by several QUICK Alice win @ Federal Circuit by Patent Owners.

Read Carefully:

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It ruled, for the first time , that a district court had engaged in improper fact finding when deciding a patent claimed ineligible subject matter under the Supreme Court’s Alice Corp. v. CLS Bank decision on summary judgment. This case has the potential to produce a big impact on the common strategy of seeking early dismissals under 35 U.S.C. § 101 and Alice.

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Accused infringers looking to bring early § 101 motions must now consider how they will establish with clear and convincing evidence that certain limitations are conventional and routine at Alice’s step two. They also should carefully examine the patent’s specification, hunting for any description of the limitations that admits or implies that they are pre-existing or commonplace technology. If the patent and pleadings provide no helpful evidence, accused infringers may consider seeking judicial notice or early summary judgment to allow the court to consider expert testimony or evidence of well-established prior art. Although these additional obstacles won’t prevent early determinations in every case, they will probably cause some defendants to reconsider whether to bring § 101 motions early in litigation.

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