By: Robert R. Sachs
The Pineapple Express storms that hit California last December were the largest since January 2008. The joke going around the Bay Area was that the first thing San Franciscans do when a big storm is coming is think up a new hashtag; #hellastorm apparently took top place.
Looking at the number of patents that have been invalidated in the six-plus months since the Supreme Court’s decision in Alice Corp. v. CLS Bank , the only thing that adequately describes the situation is #Alicestorm.
New Federal Circuit judges Taranto (on panel in buySafe, Content Extraction, Planet Bingo) and Hughes (on panel in buySafe, Digitech, Planet Bingo) appear to have aligned with judges Prost, Bryson, Dyk, Lourie, Reyna, and Mayer in taking an aggressive and restrictive stance on patent eligibility.
The district courts have been active as well:
The District of Delaware accounts for eleven of the lower court invalidity decisions, with the Central District of California close behind with ten.
December, 2014 was particularly “stormy”: 11 patents (858 claims) invalidated compared to 4 patents (159 claims) not invalid.