Recent 35 U.S.C. § 101 Challenges Bring Varied Results

The U.S. Supreme Court will hear arguments in Alice Corporation Pty. Ltd. v. CLS Bank International, No. 13-298, on March 31, guaranteeing a different form of March Madness for patent law practitioners. In the meantime, courts are responding to uncertainty created by the U.S. Court of Appeals for the Federal Circuit's widely splintered decision in different ways.

In the United States District Court for the Eastern District of Texas, Judge Leonard Davis recently found claims invalid under § 101, relying primarily on Ultramercial, Inc. v. Hulu, LLC, 722 F.3d 1335 (Fed. Cir. 2013), petition for cert. filed sub nom. WildTangent, Inc. v. Ultramercial, LLC (U.S. Aug. 23, 2013) (No. 13-255) and Bilski v. Kappos, 130 S. Ct. 3218 (2010). Clear With Computers, LLC v. Dick's Sporting Goods, Inc., No. 6:12-cv-00674 (E.D. Tex. Jan. 21, 2014). Judge Davis declined to stay Clear With Computers LLC's case against Dick's Sporting Goods and a number of other defendants pending a