The Upshot of Alice Storm and Its Implications on Patent Law
The US Supreme Court's decision on Alice Corp. v. CLS Bank International has created a dramatic effect on the validity of computer-related patents. Trends on "Alice Storm" have continued and become more entrenched. An uptick in the number of Section 101 decisions is seen with about 70% of patents being invalidated. With no clear guidance from the Supreme Court, lower courts are at times uncertain on how to distinguish an abstract idea from an inventive concept. Moreover, a large number of patent applications have been rejected by the USPTO under Alice.
In this two-hour LIVE Webcast, a panel of distinguished professionals and thought leaders organized by The Knowledge Group will discuss the latest trends following the Alice Storm. They will provide an in-depth analysis of the impact brought by the Alice decision to patent infringement litigations and patent applications. Speakers will also offer strategies to overcome the aftermath of the Alice Storm.
Some of the major topics covered in this course are:
- The ‘Alice Storm’ – An Overview
- Significant Changes and Challenges
- Court Approach
- USPTO Application of Alice
- Recent Case Laws
- Best Strategies on Overcoming the Alice Aftermath
Alex Harris, Associate
Gibson, Dunn & Crutcher LLP
- Overview of Alice; flexibility of the test
- ‘Abstract idea’ defined
- Any fundamental practice in any field or subject matter
- Applies even to technological ideas
- How to tell when a claim is “directed to” the identified abstract idea
- Appropriate stage of the case to litigate patent eligibility.
Michael C. Newman, Member
Michael T. Renaud, Member
Mintz Levin Cohn Ferris Glovsky and Popeo PC
- Analysis of Alice two-prong test
- Emerging consensus in court decisions
- Unresolved issues
Michael D. Stein, Partner
Baker & Hostetler LLP
- Artificial Intelligence and Machine Learning
- Patenting Software Inventions
- Software patents and functional claim limitations
- Structural claim limitations for software
- Trade Secret Protection
- Strategic Use of Patent and Trade Secret Protection
Michael C. Newman, Member
Michael T. Renaud, Member
Mintz Levin Cohn Ferris Glovsky and Popeo PC
- Where do we go from here
- Legislative proposal to amend section 101?
- International forums more favorable for software patent enforcement (China, Europe)
Who Should Attend:
- IP and Related Lawyers
- Patent Licensing Officers
- Patent Attorneys
- Patent Consultants
- IT Heads
- Patent Owners
- Technology Firms
- Other Related/Interested Professionals or Organizations
Alex Harris is an associate in the San Francisco office of Gibson, Dunn & Crutcher, focusing on appellate and intellectual property litigation. Mr. Harris was the lead associate representing the patent challenger, CLS Bank, in Alice v. CLS, 134 S. Ct. 2347 (2014). In naming Gibson Dunn the 2015 Litigation Department of the Year, the American Lawyer described Alice as “a gamechanger for Silicon Valley tech companies.” Mr. Harris has also represented clients in numerous Federal Circuit appeals, and written amicus briefs in nearly every recent patent case before the Supreme Court.
Mr. Harris previously served as a law clerk to the Honorable Raymond M. Kethledge of the United States Court of Appeals for the Sixth Circuit. He received his law degree from Stanford Law School, where he conducted advanced clinic coursework in Supreme Court litigation and edited the Stanford Technology Law Review.
Alex Harris is an associate in the San Francisco office of Gibson, Dunn & Crutcher, focusing on appellate and intellectual property litigation. …
Michael Stein has 30 years of experience working with technology companies and nearly 25 years of experience advising clients in the field of intellectual property protection and enforcement. Michael has extensive experience counseling technology-oriented clients – primarily in the electronics, telecommunications and software industries – in complex matters concerning U.S. and international patent laws. Michael focuses his practice on patent portfolio development and counseling, USPTO post-grant litigation proceedings, and client counseling in respect to industry standard-setting activities and open source software. Michael has also successfully formed and managed several "key client teams" that have been able to achieve the highest performance reviews for large firm clients. These teams have been recognized as providing the highest-quality work product, as well as the highest-quality service delivery.
Michael Stein has 30 years of experience working with technology companies and nearly 25 years of experience advising clients in …
Michael Newman is a partner in the Intellectual Property Section of Mintz Levin’s Boston office, and focuses his practice on work with the U.S. International Trade Commission, Patent Trial and Appeal Board, and Court of Appeals for the Federal Circuit. Michael also advises clients on the impact of Alice on the viability and value of patent portfolios. Michael’s recent victories include successfully arguing for client NextGen in Preservation Wellness Technologies, LLC v. NextGen Healthcare Information Systems, LLC (E.D. Tex – 2:15-cv-01562) in which Federal Circuit Judge William Bryson, sitting in designation, granted the client’s motion to dismiss, holding that the plaintiff’s patent at issue was not patent-eligible under Alice.
Michael Newman is a partner in the Intellectual Property Section of Mintz Levin’s Boston office, and focuses his practice on …
Michael Renaud is the Division Head for the Intellectual Property Section at Mintz Levin. He is an experienced litigator known for his business approach to creating value in patent assets. His success on behalf of clients comes from his ability to identify the value drivers in a portfolio and communicate that value to competitors, investors, purchasers, licensees, counsel, judges, and juries. One of Michael’s most recent victories includes a successful argument at the U.S. Court of Appeals for the Federal Circuit on behalf of client NextGen, in which he argued to preserve the District Court decision in Preservation Wellness Technologies, LLC v. NextGen Healthcare Information Systems, LLC, (E.D. Tex – 2:15-cv-01562), which held that a medical records patent asserted by Preservation Wellness against long-time client NextGen Healthcare was unpatentable.
Michael Renaud is the Division Head for the Intellectual Property Section at Mintz Levin. He is an experienced litigator known …
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Method of Presentation:
Experience in patent law
NASBA Field of Study:
Business Law - Technical
NY Category of CLE Credit:
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About Gibson, Dunn & Crutcher LLP
Gibson, Dunn & Crutcher is a recognized leader in representing companies ranging from start-up ventures and emerging growth companies to multinational corporations across all major industries, particularly technology, communications, manufacturing and consumer services. We also represent the investment community, including commercial and investment banks, partnerships, and individuals. Our offices and practice groups work together seamlessly to craft customized, cutting-edge deals for our clients. Our corporate clients benefit from Gibson Dunn’s network of over 1,200 attorneys located in 20 offices in major cities in the United States and throughout the world. In the structuring, negotiation and execution of transactions, our corporate attorneys work closely with colleagues in other practice groups, including antitrust, tax, finance and executive compensation, all of which are vital to the success of complex corporate transactions. In addition, Gibson Dunn lawyers have played key roles before regulatory bodies such as the U.S. Securities and Exchange Commission.
About Baker & Hostetler LLP
BakerHostetler, one of the nation’s largest law firms, represents clients around the globe. With offices coast to coast, our more than 940 lawyers litigate cases and resolve disputes that potentially threaten clients’ competitiveness, navigate the laws and regulations that shape the global economy, and help clients develop and close deals that fuel their strategic growth.
We have five core practice groups: Litigation, Business, Employment, Intellectual Property, and Tax. Within these groups are several large specialty practices, including antitrust, bankruptcy, healthcare, energy, middle market mergers and acquisitions, complex commercial litigation, data privacy and security, patent prosecution and international tax. Our attorneys have broad knowledge and experience in many industries, including energy, media, manufacturing, healthcare, financial services and insurance, consumer products, and hospitality.
We distinguish ourselves through our commitment to the highest standard of client care. By emphasizing an approach to service delivery as exacting as our legal work, we are determined to surpass our clients’ expectations.
About Mintz Levin Cohn Ferris Glovsky and Popeo PC
Established in 1933, Mintz Levin has over 500 attorneys in offices throughout the United States and London. The firm's practice areas include Intellectual Property, Litigation, Corporate & Securities, Health Law, Employment Labor & Benefits, and Immigration, among others.
Mintz serves clients of all sizes and at all stages of growth, representing Fortune 500 companies, entrepreneurs, emerging growth companies, government agencies, and nonprofits. Applying a cross-disciplinary team approach, Mintz brings attorneys from complementary specialties together to address the rapidly changing legal and regulatory requirements of a wide variety of industries, including technology, life sciences, health care, financial services and insurance, manufacturing, and more. The firm also works closely with ML Strategies, LLC, a government relations consulting affiliate with offices in Boston and Washington, DC.