By Jasper Tran, Sean Benevento,* Dave Cochran, and Matt Silveira

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.

The article can be accessed here.

*Sean is expected to join Jones Day as an associate in fall 2020.


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For more than 25 years Dave has provided clients with a full range of patent legal services, including as lead counsel in more than 50 post-grant trials at the Patent Trial and Appeal Board of the United States Patent Office. Dave was part of the three-lawyer Jones Day team that prevailed at the Supreme Court in SAS Institute, Inc. v. Iancu, fundamentally changing PTAB litigation practice at the United States Patent Office.