TXED Rejects 73% of 35 USC § 101 Pretrial Challenges in 2015

Since the Supreme Court decided Alice Corp. v. CLS Bank International, 134 S. Ct. 2347 (June 19, 2014), U.S. district courts have addressed 35 USC § 101 challenges in potentially dispositive pretrial motions (motions to dismiss, for judgment on the pleadings, for judgment as a matter of law, and for summary judgment of invalidity) a total of 113 times. In 2015 so far, 76 such motions have been decided with 71% granted or partially granted. However, as shown below, the success rate varies by court.

• Nationwide: 71% granted or partially granted; 29% denied (76 decisions)
• CAND: 82% granted or partially granted; 18% denied (11 decisions)
• DED: 90% granted or partially granted; 10% denied (10 decision)
• CACD: 50% granted or partially granted; 50% denied (6 decisions)
• TXED: 27% granted; 73% denied (11 decisions)

To view a Motion Success report showing the nationwide numbers with links to the underlying court documents, click here. To restrict results to a specific court, apply the “Court/Agency” filter in the right margin of the search results.