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

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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.

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