The statistics reveal that district courts are notably more lenient than the Federal Circuit regarding motions to invalidate patents under the Alice framework.
In the wake of the Supreme Court's 2014 Alice decision, defining what constitutes a patentable software invention under Section 101 has become increasingly complex, necessitating careful legal interpretation.
Between 2018 and 2023, the Federal Circuit has issued a significant volume of opinions pertinent to Alice, underscoring the ongoing legal struggle to clearly delineate patentable subject matter.
The absence of direct intervention from the Supreme Court leaves a legislative void in the realm of Section 101, placing the accountability for reform squarely on Congress.
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