A Today’s General Counsel article by intellectual property litigation partner Andrew Thomases and associate James Davis, Jr. (both of Silicon Valley), appearing in the February/March 2016 issue, examines developments that could have a significant impact on 2016 patent litigation. The article addresses key issues including applications following the U.S. Supreme Court’s decision in Alice Corp v. CLS Bank International, including Section 101 of the patent statues, which governs what subject matter is patentable. Other developments cover heightened pleading requirement, the return to the Patent Office’s Patent Trial and Appeal Board, clarification of the International Trade Commission’s reach and Supreme Court scrutiny of enhanced damages.
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