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Inventor Asks High Court To Nix Alice Rulings

An inventor specializing in cybersecurity has started a petition with the U.S. Supreme Court, saying the Federal Circuit misinterpreted the high court’s Alice decision in Digitech Image Technologies v. Electronics for Imaging Inc. and three other published opinions and destabilized industries in the process.

The petitioner filed for writ of mandamus asking the Supreme Court to review a Federal Circuit decision in Digitech Image Technologies, where a digital image processing patent asserted against various companies is a patent-ineligible abstract idea.

The petitioner, who is not personally involved in the Digitech case, called the appeals court’s ruling an “utter and irresponsible misinterpretation” of the high court’s ruling in Alice v. CLS Bank International, which held that abstract ideas implemented using a computer cannot be patented.

“The decision below is misguided and ideologically driven and has spread like a cancer to digital machines and entire industries founded on using digital machines,” the petitioner wrote.

Furthermore, the petitioner stated, the Federal Circuit’s ruling to invalidate claims in the Digitech case has resulted in the destabilization of entire industries vital to the American economy.

“Entire industries are thereby unable to obtain the necessary funding for research and development, are unable to enter into licensing arrangements with existing intellectual property, and are unable to defend against infringers, both domestic and foreign, when it comes to innovations that are almost invariably domestic in origin,” the petition stated.

For more information, see Law360.

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