Alice Challenge Unsuccessful for Failure to Establish Representative Claim

Patent lawsuits often involve multiple patents and dozens of asserted patent claims. When asserting these claims lack patentable subject matter, it can be more convenient to describe the asserted claims in one representative form, or as some courts require, establish a “representative claim” that is generic to all claims and whose patent-eligibility can be imputed to all asserted claims. The District of Delaware recently denied a motion to dismiss for lack of patentable subject matter because the defendant failed to establish a representative claim.

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