Akin Gump IP Lawyers Pen Law360 Article on Lessons on Section 101 Motions
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Law360 has published the article “Overlooked Patent Cases: Lessons On Section 101 Motions,” written by Akin Gump intellectual property partner C. Brandon Rash and associates Andrew Schreiber and Brooks Kenyon. The article examines recent district court decisions for some insight for patent owners “facing, or preparing to face, Section 101 attacks at the pleadings stage, particularly in the high-tech space.”
While motions to dismiss under Section 101 used to be rare, the authors write that, since the Supreme Court’s 2014 decision in Alice Corp. v. CLS Bank International, “there has been a spike in these motions to over 75 in 2019, as district courts have been increasingly willing to resolve eligibility at the pleadings stage.”
With motions to dismiss based on patent-eligible subject matter on the rise, the article suggests that practitioners “should be cognizant of this evolving landscape.” The authors advise that patent owners consider drafting their own patent applications and complaints “to develop issues of fact and defend against Section 101 motions to dismiss.”
To read the entire article, which is part of an ongoing Law360 series by Akin Gump on overlooked patent cases, please click here.
