Pretrial Dismissals And Judgments In Post-Alice Courts

Law360, New York (April 23, 2015, 10:22 AM EDT) -- The U.S. Supreme Court’s decision in Alice Corp v. CLS Bank[1] has reshaped the legal landscape of patentable subject matter under Section 101 of the Patent Act. Ten months after that decision, the long-term effects are starting to emerge. Perhaps the most notable is a shift in the court’s willingness to consider the issues at the earliest stages of the litigation, leading to frequent pretrial decisions that a computer-based business method patent lacks patent-eligible subject matter.

Before Alice, courts rarely granted pretrial dispositive motions that challenged...
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