Amici Back Island IP Argument That Federal Courts Are Improperly Using Procedural Rules

"The petition argues that both district courts and the U.S. Court of Appeals for the Federal Circuit are misusing federal and local rules in a manner that results in summary affirmance of flawed determinations made at the summary judgment stage."

"TD Ameritrade argued that Island IP's patent claims are directed to abstract financial ideas like those invalidated in the Supreme Court's 2014 ruling in Alice Inc. v CLS Bank International."

"Arguing that the Federal Circuit established in Berkheimer v. HP (2018) that the abstract idea inquiry under 35 U.S.C. § 101 is a question of law that might have underlying factual issues."

"Amici argued that erroneous legal standards at both the trial and appellate level deny due process to patent owners."

Read at IPWatchdog.com | Patents & Intellectual Property Law