Friday, March 06, 2015

Knepper / Lieb on 35 USC 101 issues

From their post:


Since Jan. 1, 2015, and as of the writing of this article, there have been at least 13 decisions from federal district courts on motions challenging subject matter eligibility of the various asserted patents. Of these 13 decisions, six ruled on motions for summary judgment, and the other seven ruled on either motions to dismiss pursuant to Rule 12(b)(6) or motions for judgment on the pleadings pursuant to Rule 12(c). Eleven of the decisions granted the subject motions and found the asserted patents to claim ineligible subject matter under 35 U.S.C. ยง 101. This grant rate alone is exceptional and underscores the impact of the Mayo and Alice decisions. Also instructive, however, are the two decisions denying requests to find the asserted patents ineligible.



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