not noted Patent instances: lessons On part one hundred and one Motions ...

Law360 (September 22, 2020, 1:forty eight PM EDT) -- before the U.S. Supreme court's resolution in Alice Corp. v. CLS bank international in 2014, defendants in patent infringement situations rarely filed Federal Rule of Civil manner 12(b)(6) motions to push aside for lack of patent eligibility below Title 35 of the U.S. Code, part one hundred and one — only one or two motions a yr, if any.

trends rising in a shifting Eligibility panorama

in the 5 years due to the fact that Alice, there was a spike in these motions to over seventy five in 2019, as district courts had been more and more inclined to resolve eligibility at the pleadings stage.

The invalidation expense beneath section 101...