Demonstrating Patent Eligibility Post-Alice Corp. Decision

Navigating the Nuances and Leveraging Guidance From Federal Circuit and PTAB Opinion


The Federal Circuit and other federal courts, as well as the PTAB, have begun issuing rulings regarding patent eligibility based on and after the Supreme Court’s decision in Alice Corp. v. CLS Bank (June 19, 2014). These opinions provide guidance into the application of Alice Corp., in which the Court concluded the claims were not patent eligible because they were drawn to a patent-ineligible abstract idea.

In Judge Mayer’s concurring opinion in I/P Engine v. AOL (Fed. Cir. Aug. 15, 2014), he discussed what claim limitations could qualify to meet the “significantly more” standard expressed in Alice Corp. to ensure a claim is patent eligible. In Planet Bingo v. VKGS (Fed. Cir. Aug. 26, 2014), the Federal Circuit examines what courts may consider in a mental steps analysis for §101 inquiries. Moreover, the PTAB has issued §101 decisions post-Alice.

Patent counsel should take note of these and other instructive opinions that provide insight into how §101 will be applied to determine patent eligibility.

Listen as our authoritative panel of patent attorneys discusses the cases handed down by the Federal Circuit, PTAB and various district courts since the Supreme Court’s decision in Alice Corp. v. CLS Bank and examines the guidance these cases provide for patent counsel regarding patent eligibility. The panel will offer best practices going forward for demonstrating patent eligibility.


  1. Review of Alice Corp. v. CLS Bank
  2. Guidance from recent opinions
    1. District court decisions
    2. PTAB decisions
  3. Best practices for patent eligibility post-Alice Corp.


The panel will review these and other key issues:

  • How are the courts applying the framework for patent eligibility created in Alice Corp.?
  • How can patent litigation defendants take advantage of the guidance for Section 101 challenges?
  • What are best practices for patent counsel to demonstrate patent eligibility?