Fed. Circ. Urged To Keep Lip-Synch IP Ruling Under Alice

Posted on 16 December 2016. Source: Law360

The holder of software patents for lip-sync animation technology urged the Federal Circuit on Wednesday to not rehear its September decision that found the asserted claims patent-eligible under Alice, arguing that Electronic Arts and other gaming companies are trying to gin up a fact-specific decision into a legal controversy that doesn't exist.

The game makers are wrong to argue that the Federal Circuit should rehear the case because the appellate court panel allegedly created a “safe harbor” for technological ideas, as the court simply followed precedent for abstract claims as set by Alice Corp. v. CLS Bank International, a 2014 U.S. Supreme Court decision that held that abstract ideas implemented using a computer are not eligible for a patent, asserted McRO Inc. in its brief.

McRO is represented by Jeffrey A. Lamken and Michael Pattillo Jr. of MoloLamken LLP, John F. Petrsoric, Mark S. Raskin and Robert A. Whitman of Mishcon de Reya New York LLP, and John Whealan.

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