Events

On Tuesday, January 20, 2015, Knobbe Martens will host a luncheon panel discussion, co-sponsored by the International Technology Law Association (ITechLaw), San Diego County Bar Association (SDCBA), and the San Diego Intellectual Property Law Association (SDIPLA) on the practical implications of the Alice v. CLS Bank decision. In her dissent to the Federal Circuit Alice decision, Judge Moore predicted that the majority view would result in “the death of hundreds of thousands of patents.” Since the U.S. Supreme Court affirmed that decision in June, it is now becoming clear that both courts and the United States Patent and Trademark Office (USPTO) are treating the Alice decision as having changed the law on what types of inventions are eligible for patent protection.

The panel will explain this perceived change and offer practical suggestions for steering clients through these shifting seas, including:

• How has Alice impacted patent applications at the USPTO, Covered Business Method post-grant proceedings at the PTAB, and invalidity arguments presented at district courts and the Federal Circuit?
• What have the USPTO, district courts, and the Federal Circuit done with the vague tests articulated by Alice regarding “abstract ideas” and “inventive concept”?
• What types of software technologies are most vulnerable?
• What can patent owners and applicants who are at risk do to shore up their patent rights?

Registration for for this event is complimentary and lunch will be served. To register, please visit the SDBCA website.