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.