High Court Rejects Attack on Patentability Litigation Defense

The U.S. Supreme Court today rejected a petition seeking to prevent defendants in court from attacking a patent on subject matter eligibility grounds.

Accused infringers can argue the asserted patents are invalid because they cover ineligible subject matter, such as an abstract idea. GoDaddy.com LLC convinced lower courts that several of RPost Communications Ltd.'s patents related to authenticating and dispatching documents were ineligible for patent protection.

RPost Communications Ltd. argued patent eligibility can’t be raised as a defense in litigation, because the provision in the patent law laying out a defendant’s available affirmative defenses in court doesn’t specifically mention 35 ...