Ever wonder how patent eligibility challenges are faring in the “Mother Court”?

Based on Docket Navigator data, in 2021 patents challenged under 35 U.S.C. §101 in the U.S. District Court for the Southern District of New York were invalidated 71.4% of the time—up from 63.6% in 2020. While the percentage of ineligibility rulings has decreased since 2019, in which all S.D.N.Y. decisions to address 101 eligibility found the patents at issue invalid, the number of cases have increased from 3 in 2019 to 11 in 2020 and are on pace for 10 this year. These trends not only reflect a significant increase in number of 101 challenges in the Mother Court, but suggest a greater than 60% chance that a patent challenged under §101 in the S.D.N.Y. will be found invalid. This article discusses six court decisions issued in 2021, along with related implications for patentees and alleged infringers.

Background