Patent Litigation Tactics for Cybersecurity Companies: Challenge Patent Eligibility

This article expands on “Tactic No. 4: Attack the legal sufficiency of the plaintiff’s patent” from our previously published article “Five Tactics for Cybersecurity Companies to Defeat Patent Infringement Claims.” By taking a closer look at patent eligibility doctrine under 35 U.S.C. § 101 and the two-step test the Supreme Court established in Alice Corp. v. CLS Bank International, 573 U.S. 208 (2014), cybersecurity companies can better understand how to challenge software patents early and…
By: Fish & Richardson