Fenwick Launches Patent Eligibility Case Analysis Tool Helping Patent Holders Decode Post-Alice Invalidity Claims

Mountain View, CA (March 25, 2015) – Fenwick & West today announced the launch of an interactive online tool that allows users to analyze patent eligibility cases The Supreme Court’s June 2014 ruling in Alice v. CLS Bank significantly changed the patent landscape. Since the ruling, a flood of new cases have resulted in patents being invalidated. Fenwick’s new tool is freely accessible and allows users to develop their own analysis of patent eligibility post-Alice. Patent holders can use the tool to evaluate how recent court decisions might impact their intellectual property.

“I want to give people the opportunity to form their own opinions about the state of patentable subject matter,” said Stuart Meyer, an intellectual property partner at Fenwick & West who spearheaded the project. “Intellectual property protections have long been a swinging pendulum. While protections for inventors, especially in software, are currently at a low, eventually we’ll see the pendulum swing back.”

Fenwick’s Patent Eligibility Case Analysis Tool helps our clients easily access key takeaways from post-Alice patent eligibility decisions by providing short summaries of the decision along with the court’s rationale for each key finding.

This interactive visual representation of changing case law groups decisions first by whether the court invalidated or validated the patent claim(s) in question. Decisions are categorized next by legal rationale, such as 'not abstract,' 'fundamental economic practice,' 'mental process,' etc.; and then presented chronologically by decision date. Each dot represents a decision. The dot colors indicate the type of tribunal—district court (purple), Federal Circuit (green), or USPTO (yellow)—that tried each case.

Along with the new Patent Eligibility Case Analysis tool, Fenwick has updated an existing tool that explores post-grant proceedings at the U.S. Patent and Trademark Office created by the America Invents Act. The tool can be found at Both tools are updated regularly with new cases.

Fenwick’s patent practice is built with seasoned patent practitioners and litigators with deep experience in patent disputes at the U.S. Patent and Trademark Office, U.S. federal courts and the International Trade Commission. The practice covers all aspects of dealing with administrative patent disputes including Post-Grant Proceedings as well as cross-over patent litigation strategy.

About Fenwick & West
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