Patent Eligibility at Trial and After: District Court Approaches and Implications for Litigation

O’Melveny partner Mark Liang and Counsel Dr. Sorin Zaharia will join Jeffrey Thayer to present a webinar for the Continuing Legal Education series from The Bar Association of San Francisco. The panel will outline trends in the adjudication of Section 101 at trial and examine the different approaches district courts are taking, their impact, potential outcomes, as well as offering practice pointers in light of these trends.

For a decade the standards to be applied to determine patent eligibility have been set by the Supreme Court’s decision in Alice Corp. v. CLS Bank Int’l. Defendants often leverage Section 101 to try and dispose of a case at its early stages through pretrial motions. “But what is less well-known and settled is the approach to addressing Section 101 issues at trial or post-trial.” Federal district courts have taken a variety of approaches to determining Section 101 issues at those late case stages. “Some courts have approached these issues by having a jury trial on the second step of the Alice test, others have approached it with a bench trial followed by court issued findings of fact and law, and yet others have decided the issues on post-trial motions.”

Patent Eligibility at Trial and After: District Court Approaches and Implications for Litigation

Tuesday, January 9 
2:00 pm - 3:15 pm PT

Register here.

MCLE credit available.