12/01/2017 | Lexis Practice Advisor®

Strategies for Overcoming Early Litigation Challenges to Patent Eligibility

1 min

This practice note considers strategies that you as the patentee may utilize when facing patent-eligibility challenges early in litigation. Although much of the content is generalizable, special attention is given to inventions in the life sciences. When Section 101 challenges arise in the life sciences arena, the claims commonly in focus are those directed to methods or tools for analysis of biological samples, compositions of matter based on naturally occurring materials, or methods of treatment using compositions that are asserted to be naturally occurring.