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Judge invalidates patent claims

Two competitors have been battling it out in a lawsuit that has lasted four years so far. A federal judge recently issued a ruling that has tipped the scales in favor of the defendant. Litigation began when one company accused the other of patent law infringement. Those in Kansas and Missouri who hold patents or are facing accusations of infringement may be interested in the details of this case.

The company that filed the lawsuit claimed its competitor unlawfully infringed upon five of its patents. The defendants argued that the patents in question should never have been eligible for patenting to begin with because they offered no inventive concept to satisfy legal requirements for patent eligibility. The defendants argued the patents were too broad and abstract.

After four years of litigation, a federal judge formally announced the court's opinion on the topic, which concurs with the defendant's assertions. The judge agreed that Alice Corp. v. CLS Bank International, a case heard in 2014, ruled that abstract ideas are not patentable, as stated in the Patent Act. For a concept to qualify as inventive, it must be possible to transform the concept into an application.

The judge therefore invalidated the five patents listed in the patent law claim. The plaintiffs requested permission to amend their claim, adding an additional patent. The judge did not grant the request but informed the plaintiffs of their right to file a new lawsuit if they wished to pursue that claim. Chances of winning such battles in Kansas and Missouri or elsewhere are often increased if parties involve align themselves with experienced and aggressive legal representation in court.

Source: searchengineland.com, "Searchmetrics wins important victory in patent infringement lawsuit", Michelle Robbins, Jan. 23, 2018

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