Law360, New York ( February 12, 2015, 10:48 AM EST) -- In the seven months since Alice Corp. Pty. v. CLS Bank Int'l was decided, over 100 patents have been invalidated for claiming ineligible subject matter, more than the total number of patents invalidated under Section 101 in the past five years. Based on pending district court motions and Federal Circuit appeals, in the next six months we are likely to see another hundred patents invalidated. While the U.S. Supreme Court has advised the lower courts to "tread carefully in construing this exclusionary principle lest it swallow all of patent law," the behavior of the lower courts, including the Federal Circuit, has instead been to ply the legal pen as broadsword to cut down whatever software or business method patent stands before them....
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