• Abstract Ideas: A Common-Sense Distinction Electric Power Group v. Alstom
  • August 17, 2016 | Authors: Joshua L. Davenport; Aseet Patel
  • Law Firms: Banner & Witcoff, Ltd. - Washington Office; Banner & Witcoff, Ltd. - Chicago Office
  • While the number of decisions holding claims to be patent eligible under the two-part Alice test have been few and far between, sometimes even seemingly unfavorable decisions provide valuable insight into courts’ application of the test.i In Electric Power Group, LLC v. Alstom S.A., the Court of Appeals for the Federal Circuit affirmed the district court’s grant of summary judgment, reasoning that although representative claim 12 of U.S. Patent No. 8,401,710 was “lengthy and numerous,” it was “so result-focused, so functional, as to effectively cover any solution to an identified problem,” and thus patent ineligible.ii