Alice and Mayo at Trial: Section 101 Litigation After Berkheimer (RECORDING)

This webinar will focus on litigation strategy now that many more Section 101 issues are going to trial -- and even to a jury. Prior to 2018, the majority of district court cases involving the Supreme Court’s Alice and Mayo decisions ended in invalidation of patents early on after a motion to dismiss or by summary judgment. But then the Federal Circuit decided Berkheimer, and found that these issues can involve factual questions inappropriate for early resolution. Judges are acting accordingly, but these practices are so at the cutting edge that improvisation is needed.  

The results of the first such subsequent jury trials are instructional and unexpected. Many experts thought the new regime would be a big plus for plaintiffs, and, in some cases, defendants were prompted to quickly throw in the towel and settle.

 Our panel, which features two litigators who represented clients in the first such jury trials, will explain that plaintiffs should be careful what they wish for. It will address how Alice can arm defendants with a way to invalidate a patent that is easier than painstakingly mapping out how each patent claim was disclosed in prior art, and also how these arguments might also help to overcome the presumption of validity.

The panel will also consider recent Federal Circuit decisions such as Exergen Corp. v. Kaz and CardioNet v. InfoBionic, which bear on whether and how eligibility questions may ultimately reach a jury.

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Alice and Mayo at Trial: Section 101 Litigation After Berkheimer (RECORDING)
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VA Certificate of Attendance
Up to 1.00 CLE credits available  |  Certificate available
Up to 1.00 CLE credits available  |  Certificate available Virginia has approved this recording for 1 hour of CLE credit. Only registered attendees that viewed the on-demand program are eligible to claim credit. To claim your credit, select “claim credits” and then “view/print your certificate” for your records.