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Is the Tide Changing Again on the Viability of 101 and 112 as Defenses in Patent Litigation?

Recorded on: Nov. 20, 2018
Running Time: 01:01:01

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Taken from the Web Program Patent Litigation 2018: Advanced Techniques & Best Practices Recorded November 2018 in New York

Is the Tide Changing Again on the Viability of 101 and 112 as Defenses in Patent Litigation? [01:01:02]

Recent Supreme Court and Federal Circuit decisions have given more teeth to both Section 101 and Section 112 analyses. The Federal Circuit interpretations of these Sections has indicated an evolvingly complex relationship between 101 and 112 that is, at times complementary and at time cross purposes. Section 101 has been increasingly used to challenge overbroad claims through the use of abstractness and preemption, while Section 112, continues to limit the scope of coverage held by the patentee through adequate disclosure in the specification. The Federal Circuit has noted this relationship in its recent decisions, including Affinity Labs of Texas v. Amazon.com and McRO, Inc. v. Bandai Namco Games Am. Inc. The Federal Circuit has also provided additional guidance on Section 101, including recognizing its underlying factual component in e.g., Berkheimer v. HP and Aatrix Software v. Green Shades. This session will discuss the current state of the law in this area and winning strategies for both plaintiffs and defendants when § 101 and § 112 claims are raised.

Richard F. Martinelli

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  • Recent Developments in 101 and 112 Law
    Richard F. Martinelli
Presentation Material
  • Recent Developments in 101 and 112 Law
    Richard F. Martinelli
  • (s)
    Richard F. Martinelli ~ Orrick, Herrington & Sutcliffe LLP
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