Vibrations at the Federal Circuit: American Axle and the “New” “Nothing More” Test of Patent Subject Matter Eligibility

By Daniel M. Staren and David G. Barker The Federal Circuit’s recent decisions in American Axle & Manufacturing, Inc. v. Neapco Holdings LLC have not clarified the standard for patent eligibility under 35 U.S.C. § 101 (see a previous analysis of § 101’s unpredictability here). In this case, significant differences among Federal Circuit judges turned on whether a patent claim that invokes a natural law, and nothing else, to accomplish a desired result is patent eligible under Section 101. Despite strong dissents regarding this “nothing more” test, the original and modified panel opinions and the 6-6 order denying rehearing en   Read More »

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

By Andy Halaby 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 behalf the United States that both those cert petitions be denied, he seized the opportunity, in both briefs, to maintain that the Supreme Court should accept review in yet another case, Athena Diagnostics v. Mayo Collaborative Services, and use that opportunity to straighten out what the Solicitor General maintains is a recent, deviant strain of Court decisions interpreting § 101. In   Read More »

Posted in IP and Technology Litigation, Patent Litigation | Tagged , ,

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Legislators Propose Patent Eligibility Overhaul

By Zachary G. Schroeder,* Jacob C. Jones, and David G. Barker In April, we posted an article titled “Section 101 in 2019” summarizing the existing patent eligibility test, discussing recent Federal Circuit decisions, and providing practical strategies for practitioners to navigate the Section 101 landscape. That article highlighted the lack of certainty and predictability under existing law. Bipartisan lawmakers recently released a draft revision to Section 101 abrogating U.S. Supreme Court precedent that has denied patent eligibility where the claimed invention is directed to an abstract idea, law of nature, or natural phenomenon. The bipartisan, bicameral draft bill was created following   Read More »

Posted in IP and Technology Litigation, Patent Litigation | Tagged , ,

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Section 101 in 2019

Snell & Wilmer Lawyers presented their article, Section 101 in 2019, at the ABA Section of Intellectual Property Law’s Annual Meeting in Arlington, Virginia, as part of a program, “101 ‘301’: Advanced Subject Matter Eligibility.”  The article summarizes the existing patent eligibility test, discusses recent Federal Circuit decisions, and provides practical strategies for practitioners navigating the Section 101 landscape.

Posted in IP and Technology Litigation, Patent Litigation | Tagged , , , , , , ,

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