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Alice Tracker

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The Alice Tracker provides a single source for significant decisions in which the patent-eligibility of claims is addressed under Alice.  Our index of sampled cases is updated regularly, and can be filtered on various parameters. Although this page does not include every Alice-related decision, we strive to capture the most relevant and informative decisions, and post new decisions as they are published. Although Alice dealt with software, Alice was not about software per se. Instead, it was about the patent-eligibility of an invention encompassing an abstract idea, regardless of whether the abstract idea is implemented in software. Alice has changed the landscape for prosecutors and litigators alike. Since the decision, courts have struggled with identifying abstract ideas, as well as the “something more” required to meet part two of the test.

NameDateCourtCategoryAbstract IdeaSomething More
In re Mario Villenna8/29/2018Fed. Cir.Fundamental Economic PracticesYesNo
BSG Tech v. BuySeasons8/15/2018Fed. Cir.NoneYesNo
SAP America v. Investpic8/2/2018Fed. Cir.Fundamental Economic PracticesYesNo
Interval Licensing v. AOL7/20/2018Fed. Cir.NoneYesNo
West View Research v. Audi AG4/19/2018Fed. Cir.Organizing InformationYesNo
Maxon v. Funai4/9/2018Fed. ClaimsNoneYes
Aatrix v. Green Shades Software2/14/2018Fed. Cir.NoneYesN/A
Zuili v. Google2/9/2018Fed. Cir.Manipulating DataYesNo
Berkheimer v. HP2/8/2018Fed. Cir.Organizing InformationYesYes/No
Core Wireless Licensing v. LG Electronics1/25/2018Fed. Cir.NoneNoN/A
Intellectual Ventures I v. Erie Indemnity11/3/2017Fed. Cir.NoneYesNo
Two-Way Media v. Comcast Cable Communications11/1/2017Fed. Cir.Manipulating DataYesNo
Secured Mail Solutions LLC v. Universal Wilde, Inc.10/16/2017Fed. Cir.Organizing Human ActivityYesNo
Visual Memory LLC v. NVIDIA Corporation8/15/2017Fed. Cir.NoneNoN/A
Prism Techs. v. T-Mobile6/23/2017Fed. Cir.NoneYesNo
Easyweb Innovations v. Twitter5/12/2017Fed. Cir.Manipulating DataYesNo
Recognicorp, LLC v. Nintendo Co., Ltd.4/28/2017Fed. Cir.Mathematical FormulaYesNo
Coffelt v. Nvidia Corp.3/15/2017Fed. Cir.Mathematical FormulaYesNo
In re Salwan3/13/2017Fed. Cir.NoneYesNo
Thales Visionix, Inc. v. The United States3/8/2017Fed. Cir.NoneNoN/A
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What is Alice?

In Mayo Collaborative Services v. Prometheus Labs., Inc., 132 S. Ct. 1289 (2012), the Supreme Court articulated a two-part analytical framework for determining whether a claim is patent-eligible under 35 U.S.C. § 101 (the “Mayo-test”). Mayo dealt with laws of nature and natural phenomena, two of the three judicial exceptions to patent-eligibility. In Alice Corp. Pty. Ltd. v. CLS Bank Int’l, 134 S. Ct. 2347 (2014), the Supreme Court applied the Mayo-test to abstract ideas, the third of the three judicial exceptions.

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