With the explosion of 35 U.S.C. § 101 challenges since Alice v. CLS Bank,1 litigants and courts are well familiar with its applicable two-part inquiry. Overlaying and shaping the Alice inquiry, however, are the parties’ evidentiary burdens in addressing the Alice inquiry, and (2) the standard of review for the particular motion raising the § 101 challenge.
Oringinally published in Bloomberg BNA's Patent, Trademark & Copyright Journal - March 18, 2016.
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