Patent Eligibility at Trial and After

The Bar Association of San Francisco presents
Patent Eligibility at Trial and After
District Court Approaches and Implications for Litigation (Rebroadcast)

Date Monday, March 4, 2024
MCLE Registration 11:30 a.m. - 12:00 p.m.
Virtual Program 12:00 - 1:30 p.m.
MCLE 1.5 Hours


Mark Liang
O'Melveny & Myers
Sorin Zaharia
O'Melveny & Myers
Jeff Thayer
Lewis Brisbois
Bisgaard & Smith

Since the Supreme Court’s decision in Alice Corp. v. CLS Bank Int’l almost 10 years ago where the Court set the standards to be applied to determine patent eligibility, 35 U.S.C. § 101 has been an oft-litigated patent issue. It is a well-known and common strategy for defendants to 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. And federal district courts have taken different 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.

It is important for patent counsel to understand these different approaches, their prevalence and adoption among different district courts, and the impact of the various approaches on the adjudication and potential outcomes of Section 101 disputes at trial and post-trial.

• Background on 101, including Alice and Berkheimer decisions
• Overview and practice pointers on 3 approaches district courts take to 101 at trial: (1) jury trial; (2) bench trial; (3) post-trial motions
• Quantitative analysis of 3 approaches by district and judge
• Quantitative analysis of 3 approaches’ impact on outcome 

Section Chair
Jeff Thayer, Lewis Brisbois Bisgaard & Smith

Event Code: G242502R
For a printable flyer, click here.


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$60   Nonmember
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MCLE Notice
To receive MCLE credit, you must sign in during the designated MCLE registration period. This activity is approved for Minimum Continuing Legal Education credit by the State Bar of California. BASF is a certified provider: Provider #103

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3/4/2024 12:00 PM - 1:30 PM
Online only CA

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