ARTICLE
12 October 2015

New E.D. Tex. Procedural Hurdle For Early Alice-Based Dispositive Motions

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Finnegan, Henderson, Farabow, Garrett & Dunner, LLP

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Finnegan, Henderson, Farabow, Garrett & Dunner, LLP is a law firm dedicated to advancing ideas, discoveries, and innovations that drive businesses around the world. From offices in the United States, Europe, and Asia, Finnegan works with leading innovators to protect, advocate, and leverage their most important intellectual property (IP) assets.
The Supreme Court's landmark decision, Alice v. CLS Bank, established new requirements for subject matter eligibility under Section 101 of the Patent Act, 35 U.S.C. §101, for patents involving abstract ideas.
United States Intellectual Property
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The Supreme Court's landmark decision, Alice v. CLS Bank, established new requirements for subject matter eligibility under Section 101 of the Patent Act, 35 U.S.C. §101, for patents involving abstract ideas. Since then, defendants have sought to quickly terminate patent litigations by addressing patentability at the very beginning of the case. To do so, they have increasingly used Rule 12 motions—such as a motion for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6)—to request that district courts consider questions of §101 subject matter eligibility from the very beginning of a case—a technique achieving a very high degree of success. In this article, Finnegan attorneys Lionel M. Lavenue, Shaton C. Menzie, and  Kara A. Specht review the procedure followed by Judge Gilstrap in the Eastern District of Texas—the judge with the largest patent infringement case docket—on Rule 12 motions based on subject matter eligibility.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

ARTICLE
12 October 2015

New E.D. Tex. Procedural Hurdle For Early Alice-Based Dispositive Motions

United States Intellectual Property

Contributor

Finnegan, Henderson, Farabow, Garrett & Dunner, LLP is a law firm dedicated to advancing ideas, discoveries, and innovations that drive businesses around the world. From offices in the United States, Europe, and Asia, Finnegan works with leading innovators to protect, advocate, and leverage their most important intellectual property (IP) assets.
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