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Judge Robinson Denies Certification of Section 101 Decision

Following Judge Robinson’s decision in March that the patents-in-suit in this case were not invalid under Section 101, the defendant, AOL, filed a motion to certify the validity decision for interlocutors appeal. Judge Robinson denied the motion, finding that the issue presented was a controlling question of law and could advance the ultimate termination of the litigation, but exercising her discretion not to certify the question. Judge Robinson explained that “the same may be said of many other grounds of invalidity that are questions of law” and certification “is not meant to provide early review of difficult rulings in hard cases.” Improved Search LLC v. AOL Inc., C.A. No. 15-262-SLR, Memo. Or. at 3 (D. Del. May 5, 2016) (internal quotations omitted). Moreover, the fact that Judge Robinson “acknowledged the uncertainty in the developing law under § 101 cannot be the basis for certifying each district court decision on a § 101 motion to the Federal Circuit for review. Given the current popularity of such motions, the certification of each denied motion would surely cause more harm than good and would certainly result in piecemeal litigation.” Id. at 3-4.

Improved Search LLC v. AOL Inc., C.A. No. 15-262-SLR (D. Del. May 5, 2016).

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