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Supreme Court of the United States › Section 101

The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary... more +
The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term.  The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -
Womble Bond Dickinson

USPTO Issues Updated Guidance on Patent Subject Matter Eligibility and AI

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From the U.S. Supreme Court’s perspective, its Mayo and Alice decisions from 2012 and 2014, respectively, are still sufficient to govern patent law’s § 101 analysis. This inference stems in-part of the Supreme Court’s cert...more

Axinn, Veltrop & Harkrider LLP

ChromaDex Stands Out, But Not in a Good Way

Axinn, Veltrop & Harkrider LLP on

The law of patent eligibility was pretty quiet for decades until the Supreme Court breathed new life into Section 101 invalidity challenges in a series of decisions starting in 2010 with Bilski v. Kappos. In its current...more

Holland & Knight LLP

Section 101 Patent Eligibility Roundup: The PTAB, Cert Petition and My Oscars Picks

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Dennis Crouch, famed Patently-O blogger, recently looked at several Section 101 decisions from the PTAB. In his first post, "Four Funerals: Recent 101 Decisions," Crouch analyzes four recent eligibility cases that involve...more

McDermott Will & Emery

Senate Holds Hearing on Legislative Initiative to Address Patent Eligibility

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Seeking to undo the current jurisprudence “mess” on the issue of patent eligibility, the Senate Judiciary Committee’s Subcommittee on Intellectual Property heard testimony on January 23, 2024, on the Patent Eligibility...more

Holland & Knight LLP

Section 101 Patent Eligibility Roundup: October 2023

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In this latest roundup, we look at some recent opinions from around the country, an interesting article discussing the constitutionality of the Patent Eligibility Restoration Act, "My Cousin Vinny" and more....more

Farella Braun + Martel LLP

Takeaways From the Proposed Patent Eligibility Restoration Act of 2023

Farella Braun + Martel LLP on

Two proposed bills recently introduced in Congress have the potential to greatly impact the current patent litigation landscape. The bills are titled the Patent Eligibility Restoration Act of 2023 and the Promoting and...more

Holland & Knight LLP

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

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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

Holland & Knight LLP

Patent Eligibility at the Supreme Court: Another Petitioner Throws Its Hat in the Ring

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In our roundup on April 28, we mentioned that the Solicitor General suggested that the U.S. Supreme Court grant cert in two pending patent eligibility cases: 1) Tropp v. Travel Sentry and 2) Interactive Wearables v. Polar...more

McDonnell Boehnen Hulbert & Berghoff LLP

Solicitor General Weighs in on Patent Eligibility Question

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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

Holland & Knight LLP

Top Section 101 Patent Eligibility Stories of 2022

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You waited all year for it, so let's get going. But first, some important holiday notes: Looking to do some holiday baking that's a bit different? A couple suggestions: Ok – now to our top Section 101 stories of the year ...more

McDonnell Boehnen Hulbert & Berghoff LLP

CareDx, Inc. v. Natera, Inc. (Fed. Cir. 2022)

McDonnell Boehnen Hulbert & Berghoff LLP on

Plus ça change, plus c'est la même chose - Judge Moore, in Athena Diagnostics, Inc. v. Mayo Collaborative Services, LLC stated the obvious when she said in her dissent: My colleagues' refusal deflates the Amici's hopeful...more

McDonnell Boehnen Hulbert & Berghoff LLP

The Supreme Court Sidesteps America's Patent Eligibility Crisis

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In an order that is clearly less impactful and damaging than a number of opinions that the Supreme Court has disgorged in the last two weeks, the justices have denied certiorari in American Axle & Mfg. Inc. v. Neapco Holdings...more

Morrison & Foerster LLP - Federal Circuitry

Supreme Court Refuses (Again) to Jump Back into the 101 Fray

Morrison & Foerster LLP - Federal Circuitry on

As we’ve written about multiple times, a petition for certiorari from the Federal Circuit’s starkly divided decision in American Axle has been pending at the Supreme Court for some time.  Many thought this would be the case...more

McDonnell Boehnen Hulbert & Berghoff LLP

Supreme Court Denies Cert in American Axle

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In a month where the Supreme Court's conservative majority has exercised its judicial muscle by striking down several well-established precedents, one portion of their jurisprudence is as fixed a constant as the Northern...more

Holland & Knight LLP

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

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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

Holland & Knight LLP

Top Section 101 Patent Eligibility Stories of 2021

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It's that time of the year again. Take your rapid test, light a fire and gather with family and friends to discuss the top patent eligibility stories of 2021 (or debate "The Holiday" vs. "Love Actually"). No. 3: More of...more

Holland & Knight LLP

Section 101 Patent Eligibility at the Supreme Court: Where Are We?

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Dennis Crouch at Patently-O has a breakdown of the patent cases currently pending before the U.S. Supreme Court. As he notes, a number of these cases could be transformative if certiorari is granted, including American Axle...more

Fenwick & West LLP

Patent Eligibility Law: Status Quo for Now, But Is Change on the Horizon?

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There have been no substantial changes to patent eligibility law or practice under 35 U.S.C. § 101 since the U.S. Patent and Trademark Office’s last guidance in October 2019. With legislative reform in Congress stalled,...more

Fenwick & West LLP

Intellectual Property Bulletin - Spring 2021

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In This Issue - Section 230 and the Future of Content Moderation - We analyze Section 230 of the Communications Decency Act—the 1996 law that provides a legal shield for internet providers from content created by their...more

McDonnell Boehnen Hulbert & Berghoff LLP

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

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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

McDonnell Boehnen Hulbert & Berghoff LLP

Chicago Patent Attorneys File Supreme Court Amicus Brief in American Axle

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Chicago patent attorneys Kevin E. Noonan, Michael S. Borella, Aaron V. Gin, and Adnan M. "Eddie" Obissi have filed an amicus brief supporting Supreme Court review of the Federal Circuit's decision to invalidate claims of...more

McDermott Will & Emery

Special Report - 2020 IP Law Year in Review: Patents

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In 2020, the US Supreme Court and Court of Appeals for the Federal Circuit continued to refine key aspects of intellectual property law on issues that will have an impact on litigation, patent prosecution and business...more

Holland & Knight LLP

USPTO Director Iancu Calls for Section 101 Patent Eligibility Reform in Farewell Speech

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U.S. Patent and Trademark Office (USPTO) Director Andrei Iancu recently resigned his position with the USPTO and delivered his farewell speech at a U.S. Chamber of Commerce event on Jan. 19, 2021. In the speech, Iancu...more

Fenwick & West LLP

Two Concurrent but Very Different Cert Petitions Seek Supreme Court Review of “Laws of Nature” Exception

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For more than a decade, this blog has covered the topic of patentable subject matter. Over the years, we’ve addressed various issues regarding business methods, abstract ideas and other various topics. The “laws of nature”...more

Holland & Knight LLP

Will 2021 Be the Year the U.S. Supreme Court Again Addresses Section 101 Eligibility?

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In 2020, the U.S. Supreme Court declined to hear Section 101 patent eligibility cases again, and again, and again. But is 2021 the year that the Supreme Court finally addresses the topic? Maybe. I'm hesitant to say yes....more

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