The Impact of Berkheimer and Aatrix
June 26, 2019
Last week, Alice turned five. But more recent court decisions may be impacting how Alice is applied.
The Federal Circuit’s rulings in Berkheimer and Aatrix are changing the extent to which courts will address patent eligibility challenges filed early in the course of litigation. Meanwhile, since Berkheimer, a smaller percentage of patents actually reviewed under Section 101 have been invalidated than before.
The Berkheimer decision could be reviewed by the Supreme Court in its next term.
Why RPX
At RPX, we believe that the best defense is a good offense. That’s why since our inception in 2008, we’ve purchased rights to over 46,000 patent assets to mitigate patent risk for our members. As one of the most active participants in the patent market, RPX has compiled proprietary data on thousands of litigations and patent transactions. With RPX, companies have access to reliable information about the patent market, helping them to better understand this constantly changing landscape. Through our data and research on cases like Alice, Berkheimer, and Aatrix, we’re able to fully grasp the current picture and what it means for our members.
As the patent litigation landscape continues to change, RPX will keep innovating and staying ahead of the future risks our members face. Contact us today to find out how RPX can help your company manage patent risk at every level.