A Blog About Intellectual Property Litigation and the District of Delaware


101

Not so long ago, I wrote a particularly click-baity post noting that Judge Williams had granted every single 101 motion he'd been presented with since joining the Court.

With the election and all, its a bit of a slow legal news day so I thought I'd give it an update and see if our second newest judge was keeping his streak alive.

Its really hard to find a picture of a batter missing
Its really hard to find a picture of a batter missing Hudson Graves, Unsplash

Unsurprisingly, no.

In the 20 months or so since we wrote that article, Judge Williams has resolved a further 10 101 motions, bringing his total to 13. The overall breakdown is:

  • 7 - Granted (all challenged claims ineligible)
  • 4 - Denied (no challenged claims ineligible)
  • 2 - Partially Granted (you can guess this one).

These are still pretty good odds for a 101 motion in the modern, post - Berkheimer, era where your run of the mill 101 motion has only a 30-40% grant rate as of the last time we checked.

Look for another run down on the current rates for these motions across all of our judges in the next week or so.

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