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Intellectual Property Protection › Section 101 › Supreme Court of the United States

Proskauer - The Patent Playbook

The Uncertain Future of Section 101: Patent Eligibility in the Wake of Recent Supreme Court (In)Action

Proskauer - The Patent Playbook on

Patent eligibility under 35 U.S.C. § 101 remains one of the most hotly contested and unpredictable areas of U.S. patent law. In the years following the Supreme Court’s landmark decisions in Alice Corp. v. CLS Bank Int’l...more

Sheppard Mullin Richter & Hampton LLP

Patent Eligibility: The Call for Supreme Court Clarity and for an End to Summary Affirmances

Sheppard Mullin Richter & Hampton LLP on

The U.S. Supreme Court has once again been urged to revisit 35 U.S.C. § 101, the statute governing patent eligibility. Audio Evolution Diagnostics, Inc. (AED) filed a petition for writ of certiorari, challenging the Federal...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

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

McDonnell Boehnen Hulbert & Berghoff LLP on

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

Holland & Knight LLP

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

Holland & Knight LLP on

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?

Fenwick & West LLP on

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

Holland & Knight LLP

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

Holland & Knight LLP on

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

Kramer Levin Naftalis & Frankel LLP

Supreme Court Won’t Take Up Patent Eligibility for Medical Diagnostics

Kramer Levin Naftalis & Frankel LLP on

The cloud of uncertainty over patent eligibility of patents for medical diagnostic methods remains. On Monday, the Supreme Court declined the opportunity to revisit patent eligibility under its two-step Mayo test when it...more

Holland & Knight LLP

U.S. Supreme Court Denies Pending Patent Eligibility Petitions

Holland & Knight LLP on

The U.S. Supreme Court released its order list on Jan. 13, 2020, and denied all pending petitions concerning patent eligibility. The intellectual property community was anxiously awaiting the court's decision as to whether it...more

Troutman Pepper Locke

Supreme Court Denies Review In Three Section 101 Cases

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On January 13, 2020, the U.S. Supreme Court denied certiorari in the following cases...more

Hogan Lovells

U.S. + Germany Patent Update – July 2018

Hogan Lovells on

The prominent state of patent litigation in the United States and Germany is due not only to the size of its markets, but also to a recent increase in hearings before the U.S. International Trade Commission and the Patent...more

Jones Day

Key Patent Decisions of 2017

Jones Day on

In another noteworthy year for patent law, the U.S. Supreme Court and Federal Circuit issued a number of decisions that altered the patent landscape, including four Supreme Court decisions. The topics of the key cases...more

Fenwick & West LLP

#AliceStorm: April Update and the Impact of TC Heartland on Patent Eligibility

Fenwick & West LLP on

The Supreme Court’s recent decision on patent venue, TC Heartland LLC v. Kraft Foods Group Brands, may actually turn out to be a good thing for patentees when it comes to Section 101. But before we get to that, let’s do the...more

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