Surviving Alice Challenges to Patent Claims
By Jo Dale Carothers
The Court of Appeals for the Federal Circuit just highlighted another approach plaintiffs can use to overcome early challenges to the validity of patent claims under 35 U.S.C. §101. What is that approach? It is a classic one: show there is a genuine issue of fact. That approach saved a subset of claims from summary judgment in Berkheimer v. HP.
Berkheimer sued HP for infringement of its patent “relat[ing] to digitally processing and archiving files in a digital asset management system.” The system parses files into objects and “tags objects to create relationships between them.” “The objects are analyzed and compared … to archived objects” to find variations.
Stone Brewing Fires the Shot Heard Round the Brewing World
By Josh Escovedo
The fight between craft brewers and Big Beer (i.e. MillerCoors & Budweiser) has been ongoing for years. Ever since craft beer came to prominence in the late ‘90s, it has been stealing Big Beer’s share of the marketplace. In fact, craft beer has celebrated double-digit growth each year since then. In response, Big Beer has embarked on a course of action to recapture its share of the market.
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