CLE Course Details

An Attempt To Make Sense Of The Nonsensical: Patent-Eligibility (35 U.S.C. § 101)

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Price: $55
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  • Description

    Patent-eligible inventions are typically a complex topic, one that 35 U.S.C. § 101 seems to make simple. Yet the US Supreme Court created a subjective two-part test as well as judicial exceptions, which complicated matters significantly.

    Struggling to apply the two-part test consistently, courts have continued to use the test for the purpose of invalidating patent claims at the motion to dismiss state, without a requirement for the challenger to present evidence of invalidity.

    This CLE course will review the Federal Circuit and Supreme Court cases as well as pose questions and identify trends to assist practitioners in determining whether a patent claim is patent-eligible.

  • Instructor Bio

    Richard Weinblatt

    Richard C. Weinblatt began working with intellectual property over 20 years ago and has been a registered patent agent since 2000. Mr. Weinblatt's practice focuses on patent litigation and appellate work. For example, he represented Visual Memory, LLC before the U.S. District Court and Federal Circuit.

    He successfully argued for the reversal of the district court's dismissal on the basis of 35 U.S.C. § 101 in Visual Memory, LLC v. NVIDIA Corp. (Fed. Cir. 2017). IPWatchdog identified Mr. Weinblatt's victory at the Federal Circuit as one of the "most noteworthy decisions from 2017."