2015 in Review: District Court Patent Subject Matter Eligibility Decisions

IP LAWSUITS

With the beginning of a new year, I thought it would be interesting to review district court decisions on patent eligibility under 35 U.S.C. § 101 in 2015. Of particular interest were pre-trial decisions on motions that were dispositive of the patent subject matter eligibility question. Using Docket Navigator Analytics,* I compiled a list of all of the district court decisions in 2015 where the legal issue was subject matter eligibility under § 101, then narrowed that list to include only motions to dismiss for 1) failure to state a claim, 2) summary judgment – patent invalid, and 3) summary judgment – patent not invalid (because there were more decisions invalidating patents, any decisions holding patents were not invalid were included in the “denied” list). The numbers are shown in the charts above.

The first chart shows the total for each disposition type. The second chart shows the decisions for all district courts, by tribunal.

I leave the interpretation of these numbers as an exercise for the reader.

*More information about Docket Navigator can be found at http://home.docketnavigator.com/.

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