Partner Cynthia Rigsby is quoted in a Law360 article, “4 Recent Fed. Circ. Rulings IP Attys Need to Know,” about a roundup of the court’s top rulings since January and their implications for intellectual property law.
Rigsby said it remains to be seen exactly what patent owners will have to argue to persuade a court that there is a factual question about whether their invention does something more than what is routine and conventional under the U.S. Supreme Court’s 2014 decision in Alice v. CLS Bank, which held that abstract ideas implemented using a computer are not eligible for patenting. But she said patentees won’t just be able to state that their invention is not routine and conventional in order to raise factual questions and survive a motion to dismiss
Rigsby said it remains to be seen exactly what patent owners will have to argue to persuade a court that there is a factual question about whether their invention does something more than what is routine and conventional under the U.S. Supreme Court’s 2014 decision in Alice v. CLS Bank, which held that abstract ideas implemented using a computer are not eligible for patenting. But she said patentees won’t just be able to state that their invention is not routine and conventional in order to raise factual questions and survive a motion to dismiss
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