Thursday, March 5, 2015
Success Rates of § 101 Challenges at the Pleading Stage
Traditionally, pre-trial challenges to the validity of patents were raised primarily in summary judgment motions, not in challenges to the pleadings under Rule 12(b)(6) or a motion for judgment on the pleadings. Conventional wisdom dictated that, in most situations, a court could not address validity until after discovery and claim construction. Alice is changing that for validity challenges based on §101. During the four year period from 2008 to 2011, courts ruled on only seven such motions and granted two for a success rate of 28.6%. By 2014, courts ruled on 24 such motions and granted 13, for a success rate of 54.2%. In 2015 we’ve seen rulings on 9 motions and all but two were granted, for a success rate of 77%. To view a Motion Success Report showing the success rates and outcomes of these motions since 2008, click here.