Law Seminars International Presents: Call from Anywhere for a 90 Minute Expert Analysis by Phone on new trends in software & business method patent eligibility.

Software & Business Method Patent Strategy Post-Alice
Key issues and implications for prosecuting and defending patents in the age of Alice.

January 20, 2016

Who Should Order This Homestudy

Intellectual property attorneys, software developers, patent litigators, financial services professionals, others interested in business practice & software patent eligibility matters.

Why You Should Order

The 2014 Supreme Court ruling in Alice Corp. v. CLS Bank Int'l created a great measure of uncertainty in the law of patentability, especially as regards software and computer-implemented business methods. In the wake of Alice, the district courts and Federal Circuit have invalidated the vast majority of patents brought before them under Section 101. Commentators have called Alice's jurisprudential progeny "draconian."

In the post-Alice world, patent attorneys have only nebulous standards to guide them: is the claim directed to an abstract idea or does it merely involve one? What makes a business practice "fundamental"? What counts as "significantly more" than the abstract idea? What aspects of a computer implementation can supply an "inventive concept"? Can the process can performed using "pen and paper," and why does that even matter?

In light of Alice, in December 2014 the USPTO issued an Interim Guidance on Subject Matter Eligibility, which it updated in July 2015. The PTO also released examples of patent-eligible and ineligible claims. Unable to provide its own definition to clarify the meaning of "abstract idea," the PTO directs attorneys and patent examiners to view patent claims in terms of their similarity to court-invalidated patents. How to keep up? The solution: Learn about the recent proliferation of patent-invalidation cases and resulting strategies from the best attorneys in the field.

What You Will Learn

What Attendees Said


Wednesday, January 20, 2016

10:00 am

Software & Business Method Patent Strategy Post-Alice

Introduction & Overview

Steven M. Studulski, Esq., Moderator
Perkins Coie LLP / Palo Alto, CA

The "AliceStorm" of recent case law

Robert R. Sachs, Esq., Speaker
Fenwick & West LLP / San Francisco, CA

Alice's impact from a PTAB practitioner's perspective

Michael L. Kiklis, Esq., Speaker
Oblon McClelland Maier & Neustadt LLP / Alexandria, VA

A patent-drafter's perspective on strengthening your application

Joseph A. Herndon, Esq., Speaker
McDonnell Boehnen Hulbert & Berghoff LLP / Chicago, IL

11:00 am

Q & A (for up to 30 minutes)



Individual rate: $195

Group rate: $130 per person attending on the same line

Financial aid is available to those who qualify. Contact our office for more information.

Continuing Education Credits

This TeleBriefing qualifies for 1.5 Washington CLE credits. For CLE credits in other states:

We will apply for credits in the following states: AK, AL, AZ, AR, CA, CT, GA, IA, ID, IL, IN, KS, KY, LA, ME, MN, MO, MS, NC, ND, NE, NH, NM, NV, NY (experienced attorneys only), OK, OR, PA, RI, SC, TN, TX, UT, VA, VT, WI, WV, and WY.

You can self-report for credits in: CO, DE, FL, HI, MT, and NJ.

CLE credits currently are not available in: DC, MA, MD, MI, OH, or SD.

If you need other types of credits, please call us at (206) 567-4490.


There is a $25 cancellation fee

Our Distinguished Panel

Steven Studulski, Esq. is an attorney with Perkins Coie where he represents clients ranging from entrepreneurs and startups to industry-leading multinational corporations in patent procurement and other IP matters. He has a robust background of 28 years in the engineering field. Mr. Studulski's extensive technical and legal experience encompasses cloud computing, cloud storage, communications, computer animation, consumer electronics technologies, design automation, e-commerce, electrical signal processing, financial services, and social media.

Mr. Joseph Herndon, Esq. is a partner at McDonnell, Boehnen, Hulbert, & Berghoff LLP where he represents Fortune 500 companies and has drafted hundreds of patents. He frequently lectures on intellectual property issues and regularly writes about patent eligibility. Mr. Herndon's technical experience in the software field includes mobile Internet platforms and mobile device operating systems, computer networking, aerospace/automation and control, Internet gaming, digital map and vehicle navigation, music discovery and content identification, 3D object data modeling, and sensor fusion algorithms.

Mr. Michael Kiklis, Esq. is a partner at Oblon, McClelland, Maier & Neustadt, LLP, where he focuses on patent litigation and trials at the USPTO's Patent Trial & Appeals Board. He has had twenty years experience as a patent attorney, with an extensive background in software patent matters. In fact, he worked as a software developer before attending law school. He regularly lectures on current issues in intellectual property, and authored the treatise The Supreme Court on Patent Law.

Mr. Robert Sachs, Esq. focuses his practice on patent counseling and software technology patent prosecution as a partner at Fenwick & West. He is an expert on patentable subject matter, and frequently speaks on the topic. He is the author of the popular and insightful Bilski Blog, where he regularly updates his analysis on the expanding volume of patent eligibility case law. His clients in the software and IT industries have included Apple, Dreamworks, Dropbox, Facebook, and Google.