Are Courts the New Death Squads for Software Patents? Not So Fast.

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In 2013, the former Chief Judge of the U.S. Court of Appeals for the Federal Circuit famously proclaimed that the Patent Trial and Appeal Board was becoming a ‘‘death squad’’ for issued patents. Today, patent owners continue to face an uphill battle in the PTAB. That said, few can argue that owners of software patents have fared any better in district courts following the Supreme Court’s recent decisions on patent eligible subject matter which have culminated in the Court’s opinion in Alice v. CLS Bank.

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