1. § 101 Motion Success After Alice

2. § 101 Motion Success After Alice (Nationwide)
Since the initial flurry of § 101 decisions post-Alice, there has been a continued decline in successful or partially-successful § 101 motions nationwide:
2014: 71%
2015: 57%
2016: 44%
Percent of Cases
* Thru October 14, 2016.

3. § 101 Motion Success After Alice
Section 101 motion practice has been heavily skewed towards a small number of districts. In fact, approximately 57% of post-Alice § 101 motions have been decided in five districts: D. Del. (65), E.D. Tex. (44), C.D. Cal (34), N.D. Cal (28), and N.D. Ill (14).
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.
For example, the N.D. of Illinois has actually experienced an increase in successful § 101 challenges. However, the N.D. Illinois is an outlier and the sample size is relatively small.

4. § 101 Motion Success After Alice (D. Del.)
Percent of Cases
* Thru October 14, 2016.

5. § 101 Motion Success After Alice (E.D. Tex.)
Percent of Cases
* Thru October 14, 2016.

6. § 101 Motion Success After Alice (C.D. Cal.)
Percent of Cases
* Thru October 14, 2016.

7. § 101 Motion Success After Alice (N.D. Cal.)
Percent of Cases
* Thru October 14, 2016.

8. § 101 Motion Success After Alice (N.D. Ill.)
Percent of Cases
* Thru October 14, 2016.

9. § 101 Motion Success After Alice (10 Most Active Jurisdictions)
The top 10 jurisdictions with the most active § 101 motion practice are:
When considered together, these ten jurisdictions follow the national trend of declining § 101 motion success:
2014: 77%
2015: 55%
2016: 39%
D. Del.
D. Mass.
E.D. Tex.
S.D.N.Y.
C.D. Cal.
W.D. Tex.
N.D. Cal.
E.D. Va.
N.D. Ill.
D.N.J.
Percent of Cases
* Thru October 14, 2016.

10. § 101 Motion Success After Enfish
Percent of Granted § 101 Motions
* Thru October 14, 2016.