How Section 101 Claims Can Trigger Invalidity Under Alice

Intellectual Property attorneys James Coughlan, Amy Simpson and Terry Wikberg co-authored an article for Law360 on how claims that a product achieves a certain performance level could be invalidated under Section 101, as demonstrated by two U.S. International Trade Commission (ITC) decisions. The article examines these key cases and provides litigators and prosecutors practical tips on capturing inventive aspects beyond an abstract idea of improvement to strengthen patent eligibility. This insightful analysis of an important patentability issue is a must-read for those prosecuting or litigating patents covering technologically advanced products.

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