Two Years After Alice v. CLS Bank

Journal of the Patent and Trademark Office Society, Vol. 98, p. 354, 2016

22 Pages Posted: 23 Jun 2016 Last revised: 12 Oct 2016

See all articles by Jasper Tran

Jasper Tran

University of Minnesota Law School

Date Written: June 20, 2016

Abstract

As of June 19, 2016, courts have examined 568 challenged patents brought under § 101 motions citing Alice, resulting in 190 valid patents and 378 patents invalidated with an average invalidation rate of 66.5%. Specifically, the Federal Circuit upheld 3 patents and invalidated 34 patents — an average invalidation rate of 91.9%. Also, courts have decided a total of 500 motions brought under § 101 citing Alice, resulting in 109 validation holdings and 391 invalidation holdings with an average invalidation rate of 78.2%. Specifically, the Federal Circuit has decided 26 motions, resulting in 2 validation holdings and 24 invalidation holdings with an average invalidation rate of 92.3%. The district courts have decided 251 motions, resulting in 84 validation holdings and 167 invalidation holdings with an average invalidation rate of 66.5%. The PTAB has decided 209 motions, resulting in 23 validation holdings and 186 invalidation holdings with an average invalidation rate of 89.7%.

The one-year review of Alice v. CLS Bank is available at: http://ssrn.com/abstract=2619388.

Keywords: Alice v. CLS Bank, empirical, data, 2-year, two-year, review, software patent, computer-implemented invention

Suggested Citation

Tran, Jasper, Two Years After Alice v. CLS Bank (June 20, 2016). Journal of the Patent and Trademark Office Society, Vol. 98, p. 354, 2016. Available at SSRN: https://ssrn.com/abstract=2798992

Jasper Tran (Contact Author)

University of Minnesota Law School ( email )

420 Delaware St. SE
Minneapolis, MN 55455
United States

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