Revisiting McGirt: New Legal Developments Challenge Oklahoma’s Landmark Ruling
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
On October 23, 2020, in a remarkable order demonstrating how a “bitterly divided” Federal Circuit views post-Alice patent eligibility jurisprudence, the court denied the motion of American Axle & Manufacturing, Inc. (“AAM”)...more
Federal Circuit Refuses to Issue Stay in Mandate Pending Certiorari Decision - One of the most interesting (albeit troubling) decisions by the Federal Circuit in the past year or so was its decisions, by a panel and then...more
Mallinckrodt filed a certiorari petition with the Supreme Court last week, over the Federal Circuit panel decision (by Chief Judge Prost joined by Judge Dyk; Judge Newman dissented on the issue before the Court in this...more
The Supreme Court issued an order this morning denying certiorari in Sequenom, Inc. v. Ariosa Diagnostics, Inc. Patent Docs will provide more analysis of the Court's denial of certiorari in a subsequent post....more