Since the U.S. Supreme Court issued its decision in Alice Corp. Pty. v. CLS Bank Int’l on June 19, 2014, there have been a surge of motions filed and granted that have invalidated patent claims for claiming patent-ineligible subject matter under 35 U.S.C. § 101. This trend and the substance of post-Alice orders have been widely reported. However, there has not been as much focus on the procedural aspects, which can be critical to the success or failure of such motions.

Originally published in Law360 - June 30, 2016.