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Practical Considerations for Addressing Patent Eligibility during the Pleading Stage

Bradley Knepper and Benjamin Lieb co-authored an article – the second in a series of six – that ran in the January 9, 2015 issue of InsideCounsel about addressing patent eligibility as a part of the initial pleading stage for both plaintiffs and defendants.

The authors note that lower courts are increasingly being called upon during the initial pleading stages of a case to address patent eligibility under 35 U.S.C. § 101 as a result of the Supreme Court recent decisions in Mayo Collaborative Services v. Prometheus Labs. Inc.Association for Molecular Pathology v. Myriad Genetics, Inc.Alice Corporation Pty. Ltd. v. CLS Bank International, and a number of following Federal Circuit decisions. The second article offers practical advice in view of this changing landscape.

The full article can be viewed here.

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