Federal Circuit Expands Alice Invalidation of Ameranth Patents in Apple CBM Reviews

December 2, 2016

The Federal Circuit has affirmed the Patent Trial and Appeal Board’s (PTAB’s) cancellation of claims from three software menu patents (6,384,850; 6,871,325; 6,982,733) under Alice, asserted by Ameranth, Inc. against Apple and numerous other defendants (2015-1703, 2015-1704, 2015-1792, 2015-1793). In an opinion issued on November 29, the court also reversed the Board’s decision to uphold certain claims from the ‘733 patent, finding that these claims were also directed to unpatentable subject matter. The decision resulted from appeals in three covered business method (CBM) reviews (CBM2014-00013, CBM2014-00015, CBM2014-00016) filed by Apple and over 20 other companies.

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