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3 UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
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5 GUIDELINE FOR PATENT SECTION 101 HEARINGS BEFORE
DISTRICT JUDGE TRINA L. THOMPSON
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To assist the Court in preparing for oral arguments on a motion to dismiss or motion for
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judgement on the pleadings in a patent case in which a party seeks a ruling that one or more claims
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of the patent(s)-in-suit is ineligible due to subject matter, each party should include the following
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in its motion brief:
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1. Claims. Identify the claims for which subject matter eligibility is at issue.
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Northern District of California
United States District Court
2. Claim Construction. Explain whether claim construction is necessary to
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determine eligibility. If so, identify the terms and proposed construction.
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3. Factual disputes. Explain whether any factual disputes exist.
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4. Intrinsic evidence. Identify any relevant intrinsic evidence.
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5. Extrinsic evidence. Identify any relevant extrinsic evidence and the basis on
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which the Court may consider it at this stage.
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6. Analogous cases. Identify any Supreme Court and Federal Circuit cases where
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analogous claims have been found eligible or ineligible.
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7. Procedural posture. Explain why the Court should or should not make an
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eligibility determination at this stage.
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Dated: August 30, 2022
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TRINA L. THOMPSON
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