Markman Advisors
Patent Valuation, Monetization and Investments


Markman Advisors Patent Blog

Posts tagged Berkheimer
Does Alice require fact questions or not? The Federal Circuit appears split.

Earlier this year, the Federal Circuit issued two precedential decisions that were predicted to stem the tide of early dismissals based upon Alice motions.  The cases were  Berkheimer v. HP and Aatrix Software v. Green Shades Software, and there were both deemed precedential by the Federal Circuit.  A recent concurrence at the Federal Circuit, however, shows that the Court may be splitting over the rationale underpinning Berkheimer and Aatrix, and that split may be heading for the Supreme Court. 

Read More
Cloudflare's win over Blackbird jeopardized by two recent CAFC cases.

Cloudflare recently prevailed on its motion to invalidate patents as ineligible in a case commenced by Blackbird Tech.  But Cloudflare’s win may be in jeopardy.  Two recent decisions from the Federal Circuit have held that winning on early Alice motions, like the one on which Cloudflare prevailed, will now be more difficult. 

Read More
Two recent Federal Circuit decisions could undermine early Alice motions.

Anyone who has followed Federal Circuit cases addressing Alice decisions has felt the whip-saw brain squeeze of trying to reconcile them all.  While some clear guidelines have emerged that have made assessing whether a given patent is susceptible to Alice, there remains a thick, gray cloud over how, exactly, the two-step framework applies in practice.  Two recent decisions from the Federal Circuit, Berkheimer v. HP and Aatrix Software v. Green Shades Software, may have established some more concrete guidance on handling early Alice motions in patent cases.

Read More