Andrew Radsch Discusses Federal Circuit Guidance on Alice Step Two Jury Instructions 

Munger, Tolles & Olson Partner Andrew Radsch was quoted in an Intellectual Asset Management (IAM) article titled, “Inform jury of abstract idea before step two of Alice, says US Federal Circuit.”

The article examines the Federal Circuit’s decision in Ollnova Technologies v. ecobee Technologies, which emphasized the need for clearer jury instructions in patent eligibility disputes under step two of the Alice framework. The court held that juries should be informed of the identified abstract idea so they can properly assess whether the remaining claim elements supply an inventive concept.

In speaking with IAM, Andrew discussed the practical challenges this guidance may present for juries. “Often times, all that is left in the claims are generic or well-understood components, for example, processors or memory in the case of computer-based inventions,” he explained, noting that juries may first need to determine which claim elements are part of the abstract concept and which remain for consideration under step two. Andrew also observed that courts may respond by providing more detailed instructions regarding the abstract concept and the claim elements left for the jury to evaluate.

Read the full IAM article. (Subscription may be required)