transcript   Transcript

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

Recorded on: Nov. 28, 2017
Running Time: 00:59:51

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Taken from the Web Program Patent Litigation 2017: Advanced Techniques & Best Practices Recorded November 2017 in New York

Is the Tide Changing Again on the Viability of 101 and 112 as Defenses in Patent Litigation? [00:59:51]

The recent Alice, Nautilus and Wiliamson decisions gave many cause to believe that patents were becoming more vulnerable on § 101 and § 112 grounds. However, this session will explore whether the tide is changing.  For example, Federal Circuit decisions (e.g., Enfish, LLC v. Microsoft; Bascom Global Internet Services v. AT&T Mobility LLC; McRo, Inc. v. Bandai Namco Games America) provided the necessary guidance on § 101 and the patentability of business methods or other software-implemented inventions? Similarly, has the Federal Circuit provided more of a roadmap following the Supreme Court’s Nautilus decision on the thorny issue of indefiniteness? Even in the § 112, § 6 context, the issue of indefiniteness continues to be explored more in contentious patent litigation following cases such as, Williamson v. Citrix. Lastly, 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, including whether venue is a factor.
Carolyn H. Blankenship
The purchase price of this Web Program segment includes the following article from the Course Handbook available online:

  • The Federal Circuit’s View of Patentable Subject Matter After Alice (July 14, 2017)
    Reginald J. Hill
Presentation Material
  • Is the Tide Changing Again on 101 and 112 as Viable Defenses in Patent Litigation?
    Carolyn H. Blankenship
    Carolyn H. Blankenship ~ Senior Vice President, Associate General Counsel, Intellectual Property, Thomson Reuters
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