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Course Details

This CLE webinar will guide patent counsel on how Section 101 claims can trigger invalidity. The panel will discuss recent decisions that demonstrate how Section 101 can be used to invalidate claims. The panel will also offer tips for both patent prosecutors and litigators in addressing these issues.

Faculty

Description

A company that seeks to protect the “widgets” they have created may seek to protect these items based on their attributes or resultant benefits. However, recent decisions have demonstrated that these “attribute” type patent claims may become the victims of Alice. That is, Alice is not limited to computer implemented claims anymore.

Recent ITC decisions show that Section 101 can be used to invalidate such claims under Section 101. For example, in Certain Light-Emitting Diode Products, Fixtures, and Components Thereof, the ITC affirmed the ALJ's findings that the claims directed to a more efficient LEDnwere invalid under section 101. The ALJ determined that the claims failed to set forth how the claimed efficiency is achieved, thereby failing Step 1 of the Alice test, and only recited a “generic ‘solid state light emitter’” For the structure. As a result, the ALJ determined the claims were only directed to an abstract idea.

It is important for both patent prosecutors and litigators to understand the potential implications and pitfalls that Alice and Section 101 presents for these types of claims.

Listen as our authoritative panel of patent attorneys examines how Section 101 claims can trigger invalidity. The panel will examine result-and-attribute-type claims and claim limitations. The panel will discuss recent decisions that demonstrate how Section 101 can be used to invalidate these claims. The panel will also offer tips for both patent prosecutors and litigators in addressing these issues.

Outline

  1. Invalidity under Section 101
  2. Lessons from recent decisions
    1. Certain Light-Emitting Diode Products, Fixtures, And Components Thereof, Inv. No. 337-TA-1213 (2021)
    2. Certain Polycrystalline Diamond Compacts and Articles Containing Same, Inv. No. 337-TA-1236 (2022)
  3. Practical guidance
    1. For patent prosecutors
    2. For patent litigators

Benefits

The panel will review these and other key issues:

  • What lessons can be learned from the recent ITC decisions?
  • What considerations should counsel keep in mind during the patent prosecution process to minimize the risk of invalidity?
  • How can patent litigators leverage recent decisions when litigating attribute claims?