Engine filed an amicus petition to the Supreme Court of the United States on Tuesday, November 13th to urge the court to consider the case. In our brief, we argue that the Federal Circuit’s decision in the case conflicts with the Supreme Court’s ruling on patentable subject matter eligibility. The Federal Circuit’s ruling limits the ability of small companies and startups to resolve meritless patent assertions quickly and inexpensively. Review is exceptionally important because the Berkheimer decision undermines the protections provided by Alice Corp. Pty. Ltd. v. CLS Bank International, 134 S. Ct. 2347 (2014). If not corrected, the Federal Circuit’s disregard of precedent threatens to increase the burdens of abusive patent litigation for startups and the other small businesses that drive economic growth. Ultimately, this will reduce investment in research and development and hamper innovation overall.
Read the full brief here. And a big “thank you” to the Stanford Law team!