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Patent-Eligible Subject Matter › Solicitor General

Patent-Eligible Subject Matter refers to the types of inventions that can be legally patented. The criteria for patentability varies depending on the jurisdiction. In the United States, for instance, if a... more +
Patent-Eligible Subject Matter refers to the types of inventions that can be legally patented. The criteria for patentability varies depending on the jurisdiction. In the United States, for instance, if a researcher discovers a naturally occurring substance, the substance itself cannot be patented. This issue was examined in a United States Supreme Court case, AMP v. Myriad, in regard to the patentability of human genes.  less -
Holland & Knight LLP

Supreme Court on Section 101 Patent Eligibility: Thanks But No Thanks

Holland & Knight LLP on

The U.S. Supreme Court conferred on two patent eligibility cases last week. And, if you are like me, you did not sleep a wink while anxiously awaiting the Court's decision. But if you're reading this, you likely already know...more

Foley Hoag LLP

Déjà Vu: the Supreme Court Ignores the Solicitor General’s Invitation to Revisit Section 101 . . . Again.

Foley Hoag LLP on

On May 15, 2023, the U.S. Supreme Court denied two highly watched petitions for certiorari, refusing to hear cases that dealt with the patent eligible subject matter requirement of 35 U.S.C. § 101. The Supreme Court’s...more

McDonnell Boehnen Hulbert & Berghoff LLP

Solicitor General Weighs in on Patent Eligibility Question

McDonnell Boehnen Hulbert & Berghoff LLP on

The Solicitor General, responding to a call from the Supreme Court for the government’s views, in April filed a brief directed to the proper legal standard for the “abstract idea” exception to patent eligibility under 35...more

Sunstein LLP

Supreme Court Won’t Fix the Patentability Mess It Created A Decade Ago

Sunstein LLP on

In 2019 the Federal Circuit reached the extraordinary conclusion, in American Axle & Manufacturing, Inc. v. Neapco Holdings LLC, that a patent for a method of making a drive shaft was invalid because it was directed to a...more

Holland & Knight LLP

American Axle: After Solicitor General Weighs In, Neapco Responds and Court Sets Conference

Holland & Knight LLP on

I first wrote on American Axle back in 2019. Nearly three years and dozens of hits for "American Axle" on hklaw.com later, we'll finally get an answer to whether the U.S. Supreme Court will hear another Section 101 dispute....more

Morrison & Foerster LLP - Federal Circuitry

Federal Circuit CVSG Update

Morrison & Foerster LLP - Federal Circuitry on

With the Supreme Court’s October 2021 Term winding down, we thought we’d check in on the cases from the Federal Circuit where the Supreme Court called for the views of the Solicitor General on whether to grant review (often...more

McDonnell Boehnen Hulbert & Berghoff LLP

Solicitor General Provides Government Views in American Axle & Mfg. Inc. v. Neapco Holdings Co.

McDonnell Boehnen Hulbert & Berghoff LLP on

The faintest glimmer of hope crept over the clouded patent law horizon today, when the Solicitor General provided the government's views to the Supreme Court in an amicus brief in American Axle & Manufacturing, Inc.,...more

Morrison & Foerster LLP - Federal Circuitry

CVSG in American Axle and Cases in General: What Does It Mean? A Q&A With Deanne Maynard

Morrison & Foerster LLP - Federal Circuitry on

Some of the big news a couple weeks ago was the Supreme Court’s decision to invite the Solicitor General (SG) to file a brief expressing the views of the United States in American Axle, a Section 101 case involving an...more

McDonnell Boehnen Hulbert & Berghoff LLP

Supreme Court Requests View of Solicitor General in American Axle v. Neapco

McDonnell Boehnen Hulbert & Berghoff LLP on

Today, the Supreme Court requested the views of the Solicitor General in its consideration of American Axle's certiorari petition, which asks the Court to reverse the Federal Circuit's decision in American Axle & Mfg. v....more

Foley & Lardner LLP

Unpacking The Solicitor General’s Brief In Vanda

Foley & Lardner LLP on

Responding to the invitation from the Supreme Court, the Solicitor General for the United States has filed an amicus brief for the United States in Hikma Pharmaceuticals USC Inc. v. Vanda Pharmaceuticals Inc. Stakeholders...more

Kramer Levin Naftalis & Frankel LLP

The Whole Enchilada: The Necessity of Looking at Claims as a Whole to Determine Patent Eligibility

Kramer Levin Naftalis & Frankel LLP on

On Jan. 10, the Supreme Court will decide whether it will review the Federal Circuit's decisions in the Athena v. Mayo, HP Inc. v. Berkheimer and Hikma v. Vanda cases. The Solicitor General, at the invitation of the Supreme...more

Snell & Wilmer

Solicitor General Weighs in on Section 101, Prompts High Court to Grant Review in Athena Diagnostics v. Mayo Collaborative...

Snell & Wilmer on

At the Supreme Court’s request, the Solicitor General on Friday, December 6, weighed in on two pending cert petitions dealing with patent subject matter eligibility under 35 U.S.C. § 101. Though the Solicitor General urged on...more

Fenwick & West LLP

The Mind as Computer Metaphor: Benson and the Mistaken Application of Mental Steps to Software (Part 3)

Fenwick & West LLP on

Part III. Functionalism: A Philosophical Argument In Support Of The Functional Equivalence Of Mental Steps And Computer - Even if UDC did not support the Solicitor General’s argument that “the functions themselves are...more

Fenwick & West LLP

The Mind as Computer Metaphor: Benson and the Mistaken Application of Mental Steps to Software (Part 2)

Fenwick & West LLP on

The fictional form of the mental steps doctrine arose in Benson, where the Court stated: A digital computer, as distinguished from an analog computer, is that which operates on data expressed in digits, solving a problem...more

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