Section 101 Litigation After Cellspin (RECORDING)
In June, yet another twist occurred in the issues surrounding patent eligibility litigation. In Cellspin, the Federal Circuit addressed whether a patent is presumed patent eligible when a patent is challenged on section 101 grounds. District courts have been divided on this issue, often citing a concurring opinion by Judge Haldane Robert Mayer, where he opined that "no presumption of eligibility attends the section 101 inquiry."
The Cellspin unanimous precedential panel opinion not only addressed that issue, but also provided explanations about the court’s views on the proper application of Berkheimer and Aatrix. Those explanations are of special interest because some commentators believe that those decisions have caused the success rate for invalidating patents early in a case under Alice to drop significantly.
This webinar will provide tools and insights on courtroom tactics for litigating patent eligibility issues. The panelists are litigators who have successfully represented both patent owners and defendants, and include a vice president overseeing patent litigation at a major financial company. They will discuss:
• New strategies for patent owners that start with the infringement complaint
• Ways defendants can counter plaintiff’s attempts to create factual disputes
• Maintaining maximum flexibility for clients in an unpredictable environment
Maxine Graham, American Express
Larry Hadley, Glaser Weil
Kevin Rodkey, Finnegan
Maxine Graham is vice president & senior IP counsel at American Express Company. Maxine manages patent litigation and licensing. She also handles IP aspects of M&A and commercial transactions. Prior to joining American Express, Maxine was a patent litigator at Kirkland & Ellis.
Larry Hadley joined Glaser Weil last fall as chair of its IP Department. A patent litigator who has also negotiated license agreements, he has won many notable cases. In Ultramercial v. WildTangent, he represented the plaintiff’s patent against patent-eligibility challenges in the Federal Circuit Court of Appeals and the U.S. Supreme Court.
Kevin Rodkey is a partner at Finnegan who litigates in district courts and at the PTAB. He has both attacked and defended patents at the PTAB under Covered Business Method review, where patent ineligibility under 35 U.S.C. § 101 can be used to establish invalidity.