Alice Motions at the Pleading Stage in Patent Infringement Litigations in the United States

Please join us for a lively discussion on considerations for Alice motions at the pleading stage in patent infringement litigation hearings.

Defendants in patent infringement cases filed in the United States by, for example, non-practicing entities often move to dismiss such cases pursuant to Federal Rule of Civil Procedure 12 on patent eligibility grounds. The recent decision from the Federal Circuit in Hawk Technology Systems, LLC v. Castle Retail, LLC, No. 22-1222 (Fed. Cir. Feb. 17, 2023), confirms that Alice motions remain an efficient means for addressing the invalidity of U.S. patents directed to patent-ineligible concepts, such as abstract ideas, in early stages of patent litigation, providing an effective way of resolving patent litigation without involving significant litigation time and expense.

Topics will include:

• 35 U.S.C. § 101 & Mayo/Alice Test
• Step 1 of Mayo/Alice Test for Abstract Ideas
• Step 2 of Mayo/Alice Test for Abstract Ideas
• Case Study: Hawk Technology Systems, LLC v. Castle Retail, LLC, No. 22-1222 (Fed. Cir. Feb. 17, 2023)
• Takeaways for Patentees and Accused Infringers

Moderator:
Caitlin O’Connell

Speakers:
Justin Hasford
Stefan Ochiana, Ph.D.