Mayo / Alice Step One: Not your Father’s Claim Construction Inquiry

March 1, 2016

By Rex Sears Not quite four years ago, Mayo Collaborative Services v. Prometheus Laboratories, Inc.[1] prescribed a two-step analysis for applying the laws-of-nature exception to patent eligibility under 35 U.S.C. § 101. Less than two years ago, Alice Corp. Pty. Ltd. v. CLS Bank International[2] established that Mayo’s two-step analysis is not limited to laws of […]

Software Patents are Not Dead

November 20, 2015

By Jason Sanders Published in The Enterprise Technology Focus Issue It’s been over a year since the Supreme Court’s decision on Alice Corp v. CLS Bank (lovingly referred to as Alice).  Since then, there has been widespread speculation whether software patents will survive in the United States.  Many courts have invalidated some software related patents, […]

Inter Partes Review Reaches its Third Birthday

October 28, 2015

By Laurence Cheng Inter partes review (“IPR”) turned three years old in September and it seems that the widespread adoption of the proceedings in lieu of district court litigation will only continue to increase in the coming years. The preceding three years have demonstrated a number of uses for IPR, including defense against “patent trolls,” […]