Jenner & Block

“The Future of Section 112 Patent Defenses: Catching up to Section 101?” Intellectual Property & Technology Law Journal

In this article, Partner Michael G. Babbitt and Associate Smitha B. Uthaman explore trends in Section 112 and Section 101 patent litigation defenses. Following Nautilus, Inc. v. Biosig Instruments, Inc., and Alice Corp. v. CLS Bank Int’l., Section 112 defenses have not gained much in popularity, yet Section 101 defenses have exploded in number and in success. “As the relatively new law from Nautilus and Williamson continues to develop, defendants will surely persist in looking to this line of cases for dispositive defenses,”  the authors observe.  “And, as the Alice line of cases shows, a single leading case on a dispositive defense, applied by the district courts, and affirmed by the Federal Circuit, can create a powerful trend.”