LQ PatentCast: DDR Holdings v Digital River

Summary: You must analogize when there’s an Alice challenge to your ​software claims. 

I’d like to tell you today about a very important case from 2014. This is part of our ​post-Alice software series of Litigation Quality PatentCasts because it’s about a very important decision that’s often cited in prosecution literature, in IPRs, and in litigation in favor of patent eligibility for software claims in certain circumstances.

Alice is the Supreme Court decision, and it has set the bar and the two-step Alice test for analyzing whether claims are patent-eligible subject matter, or whether they’re too abstract, generally, to be patentable.