A Look At Post-Alice Rule 12 Motions Over The Last 2 Years
By Edward Tulin and Leslie Demers, Skadden Arps Slate Meagher & Flom LLP (January 27, 2017, 12:55 PM EST) -- Edward L. Tulin
Leslie A. Demers Nearly two years ago, an initial examination of post-Alice challenges to computer-based patent claims found a dramatic increase both in the number of Rule 12 motions to dismiss and in the likelihood of succeeding on such motions. This article revisits and updates that prior research, now that more than two and a half years have passed since the U.S. Supreme Court's decision in Alice. While the number of Rule 12 motions to dismiss computer-based claims pursuant to § 101 has continued to increase, the grant rate is beginning to level out. While 90 percent of...
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