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CAFC Judge Mayer: “Alice sounded the death knell for software patents”

Michael Loney, New York


In a controversial concurring opinion in a Federal Circuit decision finding claims of three Intellectual Ventures patents invalid, Judge Haldane Mayer argues: “It is well past time to return software to its historical dwelling place in the domain of copyright.”

The Federal Circuit has ruled the asserted claims of three software patents invalid in Intellectual Ventures I v Symantec. The case was before Judge Timothy Dyk, Haldene Mayer and Kara Stoll, with Dyk filing  the opinion for the court.


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