Jennifer Doan Defends EDTX Alice ruling Before Federal Circuit
The Federal Circuit heard two cases on Friday February 5, 2016, involving the Supreme Court’s Alice v. CLS Bank International ruling and it’s “uncertainty” as stated by U.S. Circuit Judge Taranto. Law360 dives into the arguments and the Federal Circuit Judges comments in this article.
Jennifer Doan, together with Josh Thane and Christy Hawkins, all of Haltom & Doan, represent Altec, Inc. in a case that Doan argued was the “classic Alice case where you have abstract matter on a computer.”
Appellee Altec is before the Federal Circuit on the appeal of the first dismissal of a case by Judge Rodney Gilstrap, of the Eastern District of Texas, based on the Supreme Court’s ruling in Alice v. CLS Bank, Int’l. Given the change in the law, all claims of two patents held by patent holding company Clear With Computers, LLC were dismissed with prejudice. The District Court found that the claims recited nothing more than using a general purpose computer to create a customized sales proposal which amounted to nothing more than an “abstract idea,” which is not patentable under 35 U.S.C. 101.
Clear with Computers, LLC v. Altec Industries, Inc. is pending before the United States Court of Appeals for the Federal Circuit, Case No. 15-1525.