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[1] 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.[2] 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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