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ARTICLE · 01 JULY 2016

Pre-Claim Construction 101 Motions: Tips For Both Sides

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Since the U.S. Supreme Court issued its decision in Alice Corp. Pty. v. CLS Bank Int'l on June 19, 2014, there have been a surge of motions filed and granted that have invalidated patent claims for claiming patent-ineligible subject matter under 35 U.S.C. § 101. This

United StatesIntellectual Property
Evelyn C. Mak
Evelyn C. Mak
Christine Capuyan
Christine Capuyan
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Since the U.S. Supreme Court issued its decision in Alice Corp. Pty. v. CLS Bank Int'l on June 19, 2014, there have been a surge of motions filed and granted that have invalidated patent claims for claiming patent-ineligible subject matter under 35 U.S.C. § 101. This trend and the substance of post-Alice orders have been widely reported. However, there has not been as much focus on the procedural aspects, which can be critical to the success or failure of such motions.

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Originally published by Law360

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