Michael Best Partner Scott Alter was quoted in Law360’s article, “Fed. Circ. Sheds Light On Murky CBM Eligibility Requirement” discussing the recent rulings involving software company Trading Technologies provide guidance on the sometimes confusing exception to covered business method reviews for patents that cover a “technological invention," as well as insights into the patent eligibility analysis.
Scott cautioned patent drafters against putting too much stock in a single decision that finds a patent covers eligible subject matter, particularly some recent decisions that have allowed for broader eligibility.
“Don’t get too excited about some of the individual cases here and there that come out that may allow for newer arguments to help with patent eligibility, especially if trends are not apparent,” Alter said. “For at least some claims in a given application, go back to the mindset of Alice and other recent Supreme Court decisions as much as you can, but push the envelope on other claims.”
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