Juhasz Law Announced New Framework for Patent Claims Drafting and Patent Litigation Post-Alice v. CLS Bank

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The Juhasz Law Firm announced a new framework for technology companies and patent attorneys to use in patent claims drafting and patent litigation in response to the startling high number of patent claims invalidated following the landmark Supreme Court decision in Alice v. CLS Bank

Juhasz Law Firm, P.C.

Juhasz Law Firm, P.C.

The Juhasz PSAI-PG℠ Alice prism is a New Alice Framework for analyzing patent claims and it provides greater insight into why a claim does or does not contain patent eligible subject matter under Alice.

The Juhasz Law Firm announced a new framework for technology companies and patent attorneys to use in patent claims drafting and patent litigation in response to the startling high number of patent claims invalidated following the landmark Supreme Court decision in Alice v. CLS Bank.

According to data reported by LexisNexis Law 360, the federal circuit and federal district courts have produced more than 500 decisions involving challenges to patents under Alice between 2014 and 2017. The rate of invalidation at the federal circuit was 92 percent in the three-year span between 2014 and 2017. The rate of invalidation in federal district courts has varied from 70 percent in 2014 to 2016 to “the mid-50s” in 2017, according to the Law 360 report.

In Alice, the Supreme Court instructed that patent claims are to be looked at through a two-step prism of “patent-ineligible concept” and “patent eligible application.” More clarity is needed on how to translate this Supreme Court guidance and the accumulated lower court decisions post-Alice into a practical tool for patent claims drafting and patent litigation.

Juhasz Law introduces PSAI-PG℠, an enhanced Alice prism that provides more clarity by expanding the Alice two-step into six components – namely, (1) the Problem addressed by the claims, (2) the Solution to that problem, (3) the Abstract idea, (4) the Improvement of that solution over conventional solutions, and breaking Alice Step 2 into two components, (5) Preemption and (6) General functioning of recited components.

These additional components – and the sequence of all components – encompassed in the PSAI-PG℠ Alice prism provide a comprehensive analytic process, and a new framework that can help practitioners with post-Alice patent claims drafting and patent litigation.

The Juhasz PSAI-PG℠ Alice prism is a New Alice Framework for analyzing patent claims and it provides greater insight into why a claim does or does not contain patent eligible subject matter under Alice.

For more on the Juhasz Law PSAI-PG℠ Alice Framework, read updates at Keeping Tabs on Alice.

ABOUT THE JUHASZ LAW FIRM

The Juhasz Law Firm provides intellectual property legal services to leading technology, software and clinical diagnostic companies. Juhasz Law seeks to align our lawyering approach to business strategy through a nine-step Path to Value℠ process. Juhasz Law encompasses the full scope of IP counseling, protection, licensing and litigation for patents, designs, trademarks, and copyrights, including patent prosecution, drafting patent applications, patent licensing, patent litigation and more.

The Path to Value suite of intellectual property (IP) legal services encompasses a nine-stage, multi-disciplinary approach to strategically identify, grow and realize a company’s patent portfolio value. Path to Value services integrate patent management with business strategy and technical innovation so organizations leverage intellectual property assets, drive technology leadership and market position, and create a competitive advantage.

Paul R. Juhasz, J.D. is a leading patent attorney specializing in strategic preparation, prosecution, counseling, monetization and litigation with degrees in electrical engineering and chemical engineering. He is an adjunct professor at the New Hampshire School of Law and is extensively published. Paul Juhasz is an expert on patent exhaustion, as well as the cascading effects of Bilski and Alice on 101 patent eligible subject matter. Juhasz served as director of IP for Nokia, where he led the protection and enforcement of Nokia IP throughout North and South America. As assistant general counsel and chief IP counsel at Symbol, he chaired a joint defense group of companies in defeating the Lemelson patents. He is admitted to practice in several federal district courts, the United States Courts of Appeal for the Second Circuit and Federal Circuit, and the United States Patent and Trademark Office.

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