Alice Motions in Patent Infringement Litigation: Timing, Lessons From Recent Litigation
Recording of a 90-minute premium CLE video webinar with Q&A
This CLE webinar will guide patent counsel on Alice motions at the pleading stage in patent infringement litigation. The panel will discuss key considerations when filing these motions. The panel will address Section 101 and the Mayo/Alice test, discussing steps 1 and 2 of the test for abstract ideas. The panel will also use a recent Federal Circuit decision as a case study and discuss best practices for patentees and alleged infringers.
Outline
- Mayo/Alice test and Section 101
- Mayo/Alice test for abstract ideas
- Step 1
- Step 2
- Case study: Hawk Technology Systems v. Castle Retail (Fed. Cir. Feb. 17, 2023)
- Best practices for patentees and alleged infringers
Benefits
The panel will review these and other key issues:
- What are the key considerations for Alice motions at the pleading stage in patent infringement litigation?
- How is strong claim language and written description important to avoiding a dismissal?
- What guidance does case law provide on filing Alice motions at the pleading stage?
Faculty
Justin J. Hasford
Partner
Finnegan Henderson Farabow Garrett & Dunner
Mr. Hasford has experience in all areas of intellectual property law. His practice focuses on complex patent litigation... | Read More
Mr. Hasford has experience in all areas of intellectual property law. His practice focuses on complex patent litigation at the trial and appellate levels on behalf of pioneer pharmaceutical companies. He has particular experience with cases arising from Abbreviated New Drug Applications (ANDAs) under the Hatch-Waxman Act. Justin also has litigated antitrust cases and business method patent cases. He counsels clients on issues of infringement, validity, enforceability, unfair competition, licensing, due diligence, and IP portfolio management. He has extensive experience advising clients regarding the interplay between patent and regulatory laws, including Orange Book listing of patents for drugs approved by the FDA.
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Stefan O. Ochiana, Ph.D.
Attorney
Finnegan Henderson Farabow Garrett & Dunner
Mr. Ochiana prosecutes and provides strategic counseling on U.S. and foreign patent portfolios in the chemical and... | Read More
Mr. Ochiana prosecutes and provides strategic counseling on U.S. and foreign patent portfolios in the chemical and pharmaceutical arts. His experience also includes assisting with Abbreviated New Drug Application (ANDA) litigations under the Hatch-Waxman Act, inter partes review (IPR) proceedings at the U.S. Patent and Trademark Office (USPTO), and disputes in district courts across the country.
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