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Patent Eligibility Post-Alice: Navigating the Nuances, Guidance From the Federal Circuit, the PTAB, and the USPTO

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

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Conducted on Tuesday, September 8, 2020

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This CLE course 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 offer guidance on the application of Alice Corp., in which the Court concluded the claims were not patent-eligible because they were a patent-ineligible abstract idea. Also, in January 2019, the USPTO issued revised patent subject matter eligibility guidance, providing an additional step to the Alice inquiry.

Patent counsel should take note of these and other guidance into how courts, the PTAB, and the USPTO are applying Sec. 101 to determine patent eligibility.

Listen as our authoritative panel of patent attorneys discusses the cases handed down by the Federal Circuit and PTAB 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. Guidance from recent opinions
    1. Federal court decisions
    2. PTAB decisions
  2. Best practices for patent eligibility post-Alice Corp.


The panel will review these and other priority 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 Sec. 101 challenges?
  • What are best practices for patent counsel to demonstrate patent eligibility?
  • How can patent counsel address subject eligibility rejections made by patent examiners?


Kiklis, Michael
Michael L. Kiklis

Bass Berry & Sims

Mr. Kiklis focuses on PTAB litigation as well as district court patent litigation. He also handles Federal Circuit...  |  Read More

Kunin, Stephen
Stephen G. Kunin

Maier & Maier

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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