Social Media and Patent Eligibility

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The law concerning patent eligibility of software patents has undergone a recent and rapid evolution that is still very much continuing – most notably with the Supreme Court’s recent decision in Alice Corporation Pty. Ltd. V. CLS Bank International and its subsequent application.  The still-evolving principles and standards of patent eligibility could greatly affect and inform the strength of and benefits afforded by social media patents, as they are typically directed to software and computer-implemented inventions.

This presentation canvasses the pre- and post-Alice case law concerning patent eligibility impacting the social media space, to reach those in the social media industry who may not be aware of their implications for the protection of inventions supporting that industry.

Educational Objectives:

• Become familiar with developments in case law concerning patent eligibility.
• Learn practical tips for acquiring social media patents.
• Understand key considerations when enforcing or defending against actions involving social media patents.

Who would benefit most from attending this program?

Practitioners in the social media industry.



Mr. Peter Brody is a litigation partner and member of Ropes & Gray LLP and former chair of Ropes & Gray’s intellectual property litigation group.  Over a nearly 30-year career, Mr. Brody has successfully litigated every type of IP dispute – patent, copyright, trade secret, trademark, false advertising, and licensing – in trial and appellate courts across the nation, the Patent & Trademark Office, the International Trade Commission, and domestic and international arbitration tribunals.  In addition, Mr. Brody leads the firm’s social media law group and routinely advises clients on IP protection and enforcement in the social media arena, best practices for protecting confidential information and trade secrets from disclosure on social media sites, and federal and state regulation of advertising and promotion via social media.  He also serves on the Advisory Board of Bloomberg BNA’s Social Media Law & Policy Report.

Mr. Brody is admitted to practice in the District of Columbia and Maryland.  He earned his J.D., cum laude, from Harvard Law School and his A.B., magna cum laude, from Princeton University.


Ms. Jennifer Kwon is an associate in the Intellectual Property Group.  Her practice focuses primarily on intellectual property litigation matters, including disputes concerning patent, trade secret, trademark, copyright, and licensing, both in civil courts and before the TTAB and PTAB.  Ms. Kwon also manages domestic and international trademark portfolios, advising on trademark selection, clearance, prosecution, maintenance, and enforcement.

Ms. Kwon is admitted to practice in New York.  She earned her J.D., with honors, from the Emory University School of Law and her B.S. from Case Western Reserve University.