Past Webinars

  • July 31, 2013
Patent-Eligible Subject Matter Considerations After CLS Bank and Ultramercial

Please join Fitch, Even, Tabin & Flannery LLP for a complimentary webinar, “Patent-Eligible Subject Matter Considerations After CLS Bank and Ultramercial,” presented by David M. Kogan. The webinar will take place on Wednesday, July 31, 2013, at 9:00 am PDT / 10:00 am MDT / 11:00 am CDT / 12:00 noon EDT. 

The Court of Appeals for the Federal Circuit recently issued a much-anticipated en banc decision for CLS Bank v. Alice Corp, addressing the requirements for patent eligibility under 35 U.S.C. § 101. The en banc opinion held that the method and computer-readable medium claims were not directed to eligible subject matter under §101. The opinion appeared to indicate agreement that what is needed is “a consistent, cohesive, and accessible approach to the §101 analysis,” but the 10-member en banc panel clearly disagreed on the correct approach, issuing seven different opinions and “reflections.” Even more recently, in Ultramercial v. Hulu, a three-member panel of the Federal Circuit concluded that the claims were patent-eligible subject matter under §101, but appeared to disagree on the rationale for this conclusion. 

During this webinar, we will review and discuss the following topics and more: 

  • Statutory basis for patentable subject matter and notable Supreme Court decisions
  • An overview of In re Bilski and its impact on the definition of patentable subject matter 
  • CLS Bank: Summary and implications on the test of patent-eligible subject matter  
  • Ultramercial: Does the first post-CLS Bank Federal Circuit case offer help?

Our speaker is Fitch Even attorney David M. Kogan. A registered patent attorney, David has substantial experience in both patent prosecution and litigation, handling matters relating to mechanical, chemical, pharmaceutical, and software technologies. David also counsels clients on worldwide IP portfolio management, strategic development, and licensing. 

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