This talk will discuss the way in which Bilski may change how patentvalidity is litigated in the federal courts. Post-Bilski, increasinglycourts will likely see summary judgment motions brought under section101 of the patent statute concurrently with claim construction briefing,to invalidate all or part of the patent claims in suit. Litigants onboth sides are well-advised to address Bilski-related invalidity issuesearly in the case in addition to focusing on prior-art based invalidityclaims, regardless of which technology space is of concern. Proceduraland substantive considerations will be reviewed from both the defensiveand offensive standpoints.

Game-Changer: Litigate patent validity after Bilski

239th National Meeting (2010)

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