Patent Valuation, Monetization and Investments

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Markman Advisors Patent Blog

by Zachary Silbersher

Posts tagged Interactive Wearables
Let’s face it—the Supreme Court will never save us from Alice.

The Supreme Court has denied the recent bid to fix Alice and Section 101 jurisprudence.  In two cases that each petitioned for certiorari, Tropp v. Travel Sentry, Inc. and Interactive Wearables, LLC v. Polar Electric Oy, the Federal Circuit affirmed district court decisions holding the asserted patents directed to ineligible subject matter.  The Supreme Court’s denial is particularly acute since the Solicitor General recommended that cert be granted.  And it is more painful given that this denial follows another recent instance where the Solicitor General also recommended that the Supreme Court take up Alice.  Once again, the patent community mourns another lost chance to clear up the mess that has become Alice.  But let’s face it—will the Supreme Court ever save us from Alice? . . . The answer is, probably not.

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