§ 101 Motion Success After Alice (Nationwide) Since the initial flurry of § 101 decisions post-Alice, there has been a decline in successful or partially-successful § 101 motions nationwide, with a possible leveling out this year: 2014: 71% 2015: 59% 2016: 49% Q1 2017*: 53% *Through March 31, 2017 Percent of Cases

§ 101 Motion Success After Alice Section 101 motion practice has been heavily skewed towards a small number of districts. In fact, approximately 54% of post-Alice § 101 motions have been decided in four districts: D. Del. (73), E.D. Tex. (53), N.D. Cal (38), and C.D. Cal (36). Despite the national trend of decreasing § 101 success rates, outcomes vary by jurisdiction. In fact, some jurisdictions seem to resist the trend, or at the very least, are slower to adopt the new CAFC guidance.

§ 101 Motion Success After Alice (D. Del.) Percent of Cases

§ 101 Motion Success After Alice (E.D. Tex.) Percent of Cases

§ 101 Motion Success After Alice (N.D. Cal.) Percent of Cases

§ 101 Motion Success After Alice (C.D. Cal.) Percent of Cases

§ 101 Motion Success After Alice (10 Most Active Jurisdictions) The top 10 jurisdictions with the most active § 101 motion practice (73%) are: When considered together, these 10 jurisdictions follow the national trend of declining § 101 motion success: 2014: 80% 2015: 56% 2016: 43% Q1 2017: 42% C.D. Cal. M.D. Fla. D. Del. N.D. Cal. D. Mass. N.D. Ill. E.D. Tex. S.D.N.Y. E.D. Va. W.D. Tex. Percent of Cases