In Intellectual Ventures v. Capital One, the Federal Circuit applied Alice v. CLS Bank in sweeping aside two internet-related patents asserted by Intellectual Ventures. Holding the asserted claims to be ineligible abstract ideas, the court broadly cited the lack of an “inventive concept” in the claims.
What This Means to You
- Draft patent specifications to emphasize the technical solution to a technical problem.
- After Alice, be wary of overly broad claim drafting or claim construction arguments.