Tuesday, December 28, 2021

RPX - Alice Remains in Narrowed State Post-Berkheimer as Congress Revives Section 101 Reform Debate

RPX's article Alice Remains in Narrowed State Post-Berkheimer as Congress Revives Section 101 Reform Debate is worth reading. 

Here's a brief summary:

"Data on patent eligibility rulings reveal that Alice currently remains in a narrowed state as a result of the Federal Circuit’s 2018 Berkheimer and Aatrix decisions, which limited courts’ ability to grant early Section 101 challenges. The result has been a significant drop in the Alice invalidation rate, which has since become the status quo for defensive eligibility motions in district court, impacting both challenges against patents asserted by NPEs and by operating companies."

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