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Expert Analysis

Are Questions Of Fact Being Overlooked In Software Cases?

Law360, New York ( January 12, 2015, 10:06 AM EST) -- Defendants have used 35 U. S. C. § 101 as a powerful tool to short-circuit infringement cases involving software patents since the U. S. Supreme Court's proclamation in Alice Corp. Pty. Ltd. v. CLS Bank. [1] Emboldened by recent appellate decisions, they are filing dispositive motions at the onset of litigation that assert a patent claims patent-ineligible subject matter. District court judges have granted many of these motions, often tossing software cases before meaningful fact discovery has been completed and before conducting a claim construction hearing. [2]. . .

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