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Expert Analysis

Patent Eligibility, After Alice, At The ITC

Law360, New York ( March 16, 2016, 10:56 AM EDT) -- The Supreme Court's decision in Alice has led to countless district court and numerous federal circuit decisions holding business methods and software patents invalid for claiming ineligible subject matter.[1] The same cannot be said for the U.S. International Trade Commission. Since Alice there have only been three investigations where administrative law judges's have addressed patent eligibility under 35 U.S.C. §101, but post-Alice patent eligibility has never been addressed by the commission.[2]...

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