Federal Circuit Expands Alice Ruling After IV Appeals Invalidation of Two Patents

  • October 7, 2016
  • Consumer Electronics and PCs, E-Commerce and Software, Networking, Patent Litigation Feature

The Federal Circuit has expanded a Delaware court’s decision to invalidate two Intellectual Ventures (IV) patents (6,073,142; 6,460,050) under Alice in lawsuits against Symantec (1:10-cv-01067) and Trend Micro (1:12-cv-01581). In a September 30 memorandum opinion and order issued in an appeal filed by IV, the Federal Circuit affirmed the lower court’s invalidity decisions as to the ‘142 and ‘050 patents, but, in the cross-appeal brought by Symantec, overruled District Judge Leonard Stark’s decision that a third patent (5,987,610) is patent-eligible under Alice (2015-1769). Rather, the court held that the ‘610 patent is unpatentable for claiming the abstract idea of “virus screening” without the addition of a sufficient inventive concept.


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