Jones Day recently published a recap of aftermath of the Supreme Court’s Alice decision across patent jurisdictions, including the PTAB, in the PatentlyO Law Journal. This paper updates the statistics on the five years after Alice v. CLS Bank and discusses 19 Federal Circuit cases (including their exemplary patent claims) that found eligibility upon Alice challenges. The Alice invalidation rate at the Federal Circuit and district courts has lowered over time, averaging cumulatively 56.2% at its near-five-year mark.
*Sean is expected to join Jones Day as an associate in fall 2020.
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