Here We Go Round the Merry-Go-Round: How a § 101 Denial May Inform a Subsequent Motion

Here We Go Round the Merry-Go-Round: How a § 101 Denial May Inform a Subsequent Motion

Publication

Related Documents

Related Solutions

A global team handling highly complex and sensitive matters in all aspects of litigation.
Providing comprehensive solutions for the acquisition, enforcement and protection of IP.
Clients trust us to protect their most important intellectual property matters.
Combining our trial and appellate strengths allows us to shape litigation strategy from the outset to maximize the likelihood of ultimate success.

An article by Natalie Hanlon Leh and Nora Passamaneck, published in the March 18, 2016 issue of Bloomberg BNA's Patent, Trademark & Copyright Journal, discusses the increase of 35 U.S.C. § 101 challenges since Alice v. CLS Bank.

With the explosion of 35 U.S.C. § 101 challenges since Alice v. CLS Bank, litigants and courts are well familiar with its applicable two-part inquiry. Overlaying and shaping the Alice inquiry, however, are (1) the parties' evidentiary burdens in addressing the Alice inquiry, and (2) the standard of review for the particular motion raising the § 101 challenge.

Although the general standard of review for each type of motion is well established, district courts disagree regarding...read more.

Notice

We appreciate your interest in WilmerHale. While we are pleased to have you contact us, please keep in mind that merely contacting WilmerHale does not create an attorney-client relationship. Such a relationship will not arise until the Firm agrees in writing to represent you in connection with a particular matter. Importantly, unless and until this has occurred, you should not provide us with any confidential information, and we have no duty to keep confidential any information that we may receive from you. Thank you for your understanding.

I Accept Cancel