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McDermott Will & Emery

Senate Judiciary Subcommittee Holds Back Two Key Patent Reform Bills

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On November 15, 2024, the US Senate Judiciary Subcommittee on Intellectual Property advanced the Inventor Diversity for Economic Advancement (IDEA) Act, one of three significant bills it considered this year to reform the...more

A&O Shearman

Election Results Are In—Here’s How IP Disputes Policy May Change.

A&O Shearman on

Intellectual property policy may not have driven many voters to the polls on November 7, but change was on the ballot. Below, we summarize changes in U.S. intellectual property law that you might see starting in January 2025....more

Farella Braun + Martel LLP

Takeaways From the Proposed PREVAIL Act

Two proposed bills recently introduced in Congress have the potential to greatly impact the current patent litigation landscape. The bills are titled the Promoting and Respecting Economically Vital American Innovation...more

McDermott Will & Emery

Coons and Tillis Introduce Two Bills Intended to Change Patent Landscape

McDermott Will & Emery on

In late June 2023, Senators Chris Coons (D-DE) and Thom Tillis (R-NC) introduced two bills in Congress that, if enacted, would change the patent adjudication landscape: - The Promoting and Respecting Economically Vital...more

Sheppard Mullin Richter & Hampton LLP

Senators Propose New Legislation to Clarify Patent Eligibility Under 35 U.S.C. § 101

On June 22, 2023, Senators Chris Coons (D-DE) and Thom Tillis (R-NC) introduced the Patent Eligibility Restoration Act of 2023, which seeks to clarify the jurisprudence surrounding 35 U.S.C. § 101. The current patent...more

Fenwick & West LLP

New Patent-Eligibility Bill Introduced to Congress

Fenwick & West LLP on

Subject-matter eligibility under 35 U.S.C. § 101 has been a hot-button issue in United States patent law since 2014, when the U.S. Supreme Court decided Alice Corp. v. CLS Bank Int’l. In that case, the Supreme Court decided...more

McDermott Will & Emery

New Patent Eligibility Bill May Impact What Subject Matter Is Patentable

McDermott Will & Emery on

On August 2, 2022, Senator Thom Tillis (R-NC) introduced the Patent Eligibility Restoration Act of 2022. Senator Tillis’s bill addresses patent subject matter eligibility by modifying 35 U.S.C. § 101 to mitigate areas in...more

Fenwick & West LLP

Patent Eligibility: Legislative Change Still Appears Far Away

Fenwick & West LLP on

At the time of my last update in February on the state of patent eligibility law, the Supreme Court had recently declined to grant cert on Athena, Vanda, Berkheimer, Cellspin, Power Analytics, ChargePoint and Trading...more

American Conference Institute (ACI)

[Virtual Event] 11th Summit on Biosimilars & Innovator Biologics - September 23rd - 24th, 7:45 am - 5:00 pm ET

This year, the BPCIA turns 10! As we prepare to enter the next decade of this revolutionary law, we cordially invite you to join us for ACI’s 11th Annual Biosimilars & Innovator Biologics Summit, in a fully virtual,...more

Fenwick & West LLP

Patent Eligibility: Where We Are Now (Update)

Fenwick & West LLP on

Recent comments from Representative Hank Johnson of Georgia offer a counterpoint to my last post on the state of patent eligibility reform, in which I noted that Senator Tillis had recently expressed that modifications to the...more

McDonnell Boehnen Hulbert & Berghoff LLP

A Step-by-Step Approach to Patent Subject Matter Eligibility Reform

There is a belief in some quarters that the most significant barrier to patent subject matter eligibility reform is an implacable opposition by companies in the high tech sector because those companies are convinced that the...more

McDonnell Boehnen Hulbert & Berghoff LLP

The Zombie Apocalypse of Patent Eligibility Reform and a Possible Escape Route

The hopes of anyone in favor of patent reform targeting 35 U.S.C § 101 have been official dashed -- or at least put on hold.  In an interview with the Intellectual Property Owner's association (IPO) last week, Senator Thom...more

Sheppard Mullin Richter & Hampton LLP

Intellectual Property Outlook: Cases and Trends to Follow in 2020 — Part 2

ART 2: EFFORTS TO CLARIFY PATENT ELIGIBILITY UNDER § 101 - In this four-part series, we take a look forward at the cases, legislation, and other trends that are likely to have a significant impact on intellectual property...more

Holland & Knight LLP

Bloomberg Law: There is a Lack of Consensus among Stakeholders on Patent Eligibility Reform

Holland & Knight LLP on

As we know, Senators Thom Tillis (R-N.C.) and Chris Coons (D-Del.) introduced a draft bill months ago that would "reform Section 101 of the Patent Act" and followed that up with a series of congressional hearings. Senator...more

Holland & Knight LLP

Rep. Collins (R-Ga.) Calls for Patent Reform After American Axle Decision

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We wrote about the Federal Circuit’s American Axle decision last week, highlighting Judge Kimberly Moore’s fierce dissent. Judge Moore was not the only person with a strong reaction. A day after the decision, Rep. Doug...more

Sunstein LLP

Federal Circuit Asks Congress to Override Supreme Court's Denial of Patents for Diagnostics

Sunstein LLP on

In a remarkable collection of opinions that have no direct effect on the law, the Federal Circuit has implicitly given its support to efforts in Congress to override the Supreme Court’s decision in Mayo v. Prometheus, which...more

Jones Day

Should § 101 Legislation Include An Extension Or Revamp Of The CBM Program?

Jones Day on

Is the little-used CBM patent review program the key to passage of § 101 legislation? Congress is currently considering legislation to drastically alter the patent eligibility statute, 35 U.S.C. § 101. The unabashed...more

Fenwick & West LLP

Still No Shortage of Viewpoints as Eligibility Debate Moves to the Hill

Fenwick & West LLP on

Back in March, I reported on the breadth of comments the USPTO received in response to its new Guidance on patent subject matter eligibility. Now, Congress has taken up the issue with a proposed draft of a new bipartisan,...more

Jones Day

Alice's Last Birthday? Highlights from the Senate Hearings to Abrogate Alice v. CLS

Jones Day on

The Situation: The Senate is considering legislation to abrogate the Supreme Court's decision in Alice v. CLS and related case law, potentially nullifying more than 100-years of Supreme Court jurisprudence. The...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

PTAB Strategies and Insights - June 2019

The PTAB Strategies and Insights newsletter provides timely updates and insights into how best to handle proceedings at the USPTO. It is designed to increase return on investment for all stakeholders looking at the entire...more

Fenwick & West LLP

Patent Eligibility Reform in Congress: Updates on the Coons/Tillis Proposal

Fenwick & West LLP on

In April, Senators Coons and Tillis proposed a draft framework for legislation reformulating the standards for determining patent eligibility under § 101 of the Patent Act. The framework largely codified the Patent Office’s...more

Wilson Sonsini Goodrich & Rosati

Bipartisan and Bicameral Draft Bill Aims to Reform U.S. Patent Subject Matter Eligibility Law

Recently, a bipartisan, bicameral draft bill was introduced as part of an ongoing effort to reform U.S. patent subject matter eligibility law. In this alert, we discuss relevant background leading up to the draft bill, the...more

Troutman Pepper Locke

Recent Proposal for Section 101 Reform

Troutman Pepper Locke on

A bipartisan group of Senators and Representatives recently released a framework for amending Section 101.  The group includes Senator Chris Coons (D-Del.) and Senator Thom Tillis (R-N.C.), as well as Representative Doug...more

Holland & Knight LLP

Patent Reform: New Bipartisan Framework for Section 101 Eligibility Introduced in Congress

Holland & Knight LLP on

Sens. Chris Coons (D-Del.) and Thom Tillis (R-N.C.), along with Reps. Doug Collins (R-Ga.), Hank Johnson (D-Ga.), and Steve Stivers (R-Ohio), have unveiled a bipartisan and bicameral framework on Section 101 patent reform....more

Jones Day

STRONGER Patents Act Being Introduced to the U.S. House of Representatives

Jones Day on

On March 20, 2018, Reps. Steve Stivers (R-Ohio) and Bill Foster (D-Ill.) announced in an article that they would introduce the STRONGER Patents Act to the U.S. House of Representatives. More formally referred to as The...more

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