Intellectual Property Litigation associate Jasper L. Tran has authored the article, "Alice at Seven," in the Journal of the Patent & Trademark Office Society, which reviews the Supreme Court's 2014 decision, Alice v. CLS Bank, on patent subject matter eligibility and its ex post impact in the seven years since its issuance. The article finds that the Alice invalidation rates at the Federal Circuit (79%) and district courts (51.8%) have lowered over time, averaging cumulatively 55.8% at its six-year mark. The article also examines the 30 Federal Circuit cases, including their exemplary patent claims, that found eligibility upon Alice challenges. The article concludes with observations on the regression toward the mean in law, likening IPR to § 101 in patent law.
Originally published in Journal of the Patent & Trademark Office Society
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