Is there hope for Alice? What recent Federal Circuit decisions mean for drafting and litigating software patents in the U.S.
Over the last several weeks there has been a seismic shift in the way the Federal Circuit views the resolution of patent eligibility issues during patent infringement litigation. In Berkheimer, the Court reversed summary judgment of invalidity on §101 grounds. Days later the Court in Aatrix Software reversed the grant of a motion to dismiss on §101 grounds. The common thread was that there may be underlying questions of fact that create a genuine issue of material fact (i.e., Berkheimer), or which when taken as true require a denial of a 12(b)(6) motion to dismiss (i.e., Aatrix Software).
Meanwhile, the Federal Circuit in Automated Tracking affirmed the dismissal of a patent infringement lawsuit, refusing to allow the patent owner to challenge the propriety of a single representative claim after admitting all claims rose and fell together. Further, the Federal Circuit again looked to the specification to note that the applicant admitted that the system was convention, which lead to the claims being declared ineligible.
Join Gene Quinn, patent attorney and founder of IPWatchdog.com, for a wide-ranging discussion on the issue of software patent eligibility from drafting to litigation. Joining Gene will be James Carmichael, patent attorney, expert witness and former Administrative Patent Judge.
Among other things, this webinar will address:
- Summaries of recent Federal Circuit patent eligibility decisions.
- Drafting a federal complaint to survive a 12(b)(6) motion to dismiss.
- Establishing a genuine issue of material fact on summary judgment.
- What recent cases mean for drafting and prosecuting patents at the USPTO.