Headlines tell us that district courts have been invalidating patents under Section 101 at a historically alarming rate, especially at the earliest stages of litigation. While there is cause for concern, the tide appears to be turning, even if more slowly than patent owners would like. In the wake of the Supreme Court's Alice decision, district court's routinely struck down patents allegedly directed to "abstract ideas" at the pleadings stage or early motions for summary judgment, a practice that previously had been extremely rare. In the initial months following Alice, patent owners anxiously awaited and celebrated the rare patentee victory. Our study of the landscape shows, however, that patent holders are more frequently holding their ground at the district courts. In this article, Finnegan attorneys Brandon S. Bludau, Elliot C. Cook, and Darren M. Jiron explore recent trends in district court treatment of Section 101 at the early stages of litigation.
Previously published by IP Litigator
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