October 21, 2016

The pendulum against covered business methods and software continues to swing backward or forward depending on whom you ask. Patent litigation statistics from 2014 and 2015 show that patent litigation on the whole decreased by over 13% - while NPEs in general increased their share of filings in the last year. America Invents Act and Alice-related decisions failed to rein in the number of case filings, contrary to knee-jerk public opinion.

However, one effect the America Invents Act and Alice did have is that plaintiffs, especially NPEs, find it increasingly difficult to successfully argue broad infringement reads. At the same time, plaintiffs are also required to furnish inc...

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