Coverage of the Senate Judiciary Subcommittee on Intellectual Property hearings on proposed amendments to the Patent Act has trumpeted the possibility that Congress will undo the Alice test for Section 101 eligibility. Many stakeholders have commented on the benefits this could bring to patentees. But if this comes to pass, accused infringers won’t cease bringing early validity challenges—they’ll instead shift their focus from Section 101 to other grounds. Testimony before the Senate and the data on recent district court decisions strongly suggest that Section 112(f) will emerge as the preeminent ground for early validity challenges.
Recent Posts
- The Rise of IP Lawsuits When Posting Images: How to Navigate and Avoid Copyright Infringement Issues
- The SEP Couch: Lyse Brillouet on Managing SEPs and Open Standards
- Unveiling The Untapped Potential of Brazil’s Solar Energy Market
- AI Armor: Learn How to Harness AI to Invest in Your Company’s Future
- Other Barks & Bites for Friday, April 19: European Court Rejects Pablo Escobar Trademark; Federal Agencies Launch Anti-Competitive Healthcare Practices Portal; and Reddit Cracks Down on Copyright Infringement