This webinar will focus on litigation strategy now that many more Section 101 issues are going to trial -- and even to a jury. Prior to 2018, the majority of district court cases involving the Supreme Court’s Alice and Mayo decisions ended in invalidation of patents early on after a motion to dismiss or by summary judgment. But then the Federal Circuit decided Berkheimer, and found that these issues can involve factual questions inappropriate for early resolution. Judges are acting accordingly, but these practices are so at the cutting edge that improvisation is needed.
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