An ongoing legal saga sees a determined inventor once more advocating for the U.S. Supreme Court to revisit and overturn its 2014 decision in Alice Corp. v. CLS Bank International, better known as the Alice decision. The inventor puts forth that a separated high court decision on Amgen v. Sanofi substantiates his case.
The Alice decision, handed down in 2014, was a significant one in patent law. It contrived a two-part test to determine if a patent pertains to an abstract idea not eligible for protection. Given the ramifications of this decision on technology patents, many have questioned its merit.
The inventor challenging Alice utilises the more recent high court ruling in the case between Amgen and Sanofi that reshaped the rules of written description in antibody patents. Utilising these decisions and their potential correlations, the inventor believes he has a tangible challenge to the standing Alice decision.
Legal professionals, particularly those with a strong interest in patent legislation and its evolution, can follow the unfolding of this challenge in the original reporting on Law360.