transcript   Transcript

The Emergence of 101 and 112 as Viable Defenses in Patent Litigation

Recorded on: Nov. 21, 2016
Running Time: 01:02:13

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Taken from the Web Program Patent Litigation 2016 recorded November, 2016 in New York.

The Emergence of 101 and 112 as Viable Defenses in Patent Litigation [01:02:13]

Given the recent Alice, Nautilus and Wiliamson decisions, have patents become more vulnerable on § 101 and § 112 grounds?  Did the U.S. Supreme Court’s Alice decision adequately clarify the law with respect to the patentability of business methods or other software-implemented inventions? Similarly, has the Supreme Court provided enough of a roadmap in Nautilus 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, e.g., Williamson v. Citrix. 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 matters on whether a dispositive motion on one of these issues will be granted/denied.

Carolyn H. Blankenship

The purchase price of this segment includes the following article from the Course Handbook available online:

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Presentation Material

  • The Emergence of 101 and 112 as Viable Defenses in Patent Litigation
    Carolyn H. Blankenship
(s)
Carolyn H Blankenship ~ Senior Vice President, Associate General Counsel, Intellectual Property, Thomson Reuters
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