No Interlocutory Appeal for Adverse Alice Ruling

Having denied a defendant’s motion to find patents invalid under 35 U.S.C. § 101, Delaware’s Judge Robinson has now denied the defendant’s request for interlocutory appeal under 28 U.S.C. § 1292(b).  Improved Search, LLC v. AOL, Inc., No. 1:15-cv-00262 (D. Del. May 6, 2016).  Judge Robinson explained that interlocutory appeal should be exceptional, and should not be allowed to cause piecemeal litigation or delay entry of a final judgment.  While patent invalidity is a “controlling question of law” such as can warrant interlocutory review, the mere difficulty of an issue was not enough to justifying delaying litigation.  Further, the popularity of Alice motions meant that granting an interlocutory appeal could cause more problems than it would solve.  The court therefore exercised its discretion to decline the request for certification of an interlocutory appeal.

Upcoming Webinar

Functional Claiming After Williamson v. Citrix
December 14, 2017 at 12:00 pm EST
During the webinar, Charles Bieneman will cover strategies for avoiding – or embracing – functional claim interpretations, and for avoiding findings that functional claim language is indefinite. Register

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