In the article “Kayak.com Suit Sheds Light on Emerging IP,” published in the New Jersey Law Journal on April, 30, 2015, partner and litigator Jonathan David was tapped for his expertise regarding the impact of the U.S. Supreme Court’s June 2014 ruling in Alice Corporation Pty. Ltd. v. CLS Bank International.
The article reported on a pending case against Kayak and its challenge to an asserted patent under the Alice doctrine. David, who is not involved in the Kayak case, was asked about the impact of Alice.
David explained that the Alice decision made clear that arguing a technology patent’s invalidity under Section 101 because it relates to an abstract idea is “a very valid challenge to certain patents.”
Now, David said, district courts are applying the Alice framework on a case-by-case basis.
“The district courts are really heeding the directive of the Supreme Court in Alice that they should invalidate patents under Section 101 if they feel that it’s an abstract idea implemented through generic hardware and software,” David said. “Instead of just wavering and holding off, they’re actually making that hard decision with the comfort of the Supreme Court’s decision in Alice.”
David said many post-Alice district court opinions have invalidated patents in the face of Section 101 challenges, but that trend could change as the tactic becomes increasingly popular.
“What you’re starting to see is everyone is trying a Section 101 challenge because it’s very en vogue,” David said.
To read more: http://www.njlawjournal.com/id=1202725110502/Kayakcom-Suit-Sheds-Light-on-Emerging-IP-Issue#ixzz3ZHSM28Zz