Demonstrating Patent Eligibility Post-Alice

Navigating the Nuances and Leveraging Guidance From Federal Circuit and PTAB Opinion

Recording of a 90-minute CLE webinar with Q&A

Conducted on Tuesday, December 20, 2016

Recorded event now available

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Program Materials

This CLE webinar will examine recent decisions applying the Supreme Court’s decision in Alice Corp. v. CLS Bank on patent eligibility. The panel will discuss the guidance from these opinions and offer best practices for addressing patent eligibility issues.


The Federal Circuit and other federal courts, as well as the PTAB, are issuing rulings regarding patent eligibility based on and after the Supreme Court’s decision in Alice Corp. v. CLS Bank (2014). These opinions provide guidance on the application of Alice Corp., in which the Court concluded the claims were not patent eligible because they were drawn to a patent-ineligible abstract idea.

The Federal Circuit recently gave additional guidance on the first prong of the two-part test established in Alice Corp. In McRo Inc. v. Bandai Namco Games America Inc. (Fed. Cir. Sept. 2016), the Federal Circuit provides some clarity on the issue of preemption and its importance in the §101 analysis.

Patent counsel should take note of these and other instructive opinions that provide insight into how §101 is being applied to determine patent eligibility.

Listen as our authoritative panel of patent attorneys discusses the cases handed down by the Federal Circuit, PTAB and various district courts since the Supreme Court’s decision in Alice Corp. and examines the guidance these cases provide for patent counsel regarding patent eligibility. The panel will offer best practices going forward for demonstrating patent eligibility.



  1. Brief review of Alice Corp. v. CLS Bank
  2. Guidance from recent opinions
    1. Federal court decisions
    2. PTAB decisions
  3. Best practices for patent eligibility post-Alice Corp.


The panel will review these and other key issues:

  • How are the courts applying the framework for patent eligibility created in Alice Corp.?
  • How can patent litigation defendants take advantage of the guidance for Section 101 challenges?
  • What are best practices for patent counsel to demonstrate patent eligibility?


Kiklis, Michael
Michael L. Kiklis

Oblon McClelland Maier & Neustadt

Mr. Kiklis focuses on post-grant counseling, patent litigation and patent prosecution. With an extensive...  |  Read More

Kunin, Stephen
Stephen G. Kunin

Oblon McClelland Maier & Neustadt

Mr. Kunin represents clients in post-grant patent proceedings at the U.S. Patent and Trademark Office. He also...  |  Read More

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