The Importance of the Specification in Alice Challenges

It is axiomatic that the claims of a patent describe the invention, and for Alice challenges, define whether an invention is drawn to an abstract idea without an inventive concept. Of course, claims are construed in light of the specification and some courts delay ruling on Alice motions until after a Markman hearing is held. The Southern District of Texas continued this trend by denying a Motion to Dismiss on Alice grounds, holding the patent-in-suit must be construed before an Alice analysis can be performed.

 

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