Saturday, October 11, 2014

Lemley and Lex Machina

A post by Timothy B. Lee includes the text

New data from the legal analytics firm Lex Machina suggests that the newfound judicial hostility toward software patents is making plaintiffs gunshy (...)

But one obvious explanation for the apparent trend is that the Alice decision (and the related rulings from lower courts that followed) spooked software patent plaintiffs.

That's the view of Stanford legal scholar (and Lex Machina co-founder) Mark Lemley. "In the last two months, we’ve seen over a dozen decisions invalidating software and business method patents on the basis of Alice," Lemley says. "That’s a pretty strong deterrent to software plaintiffs whose patent isn’t directed to specific new computer technology."


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