Lily Parker

is a law clerk at Global IP Law Group and a 3L at Loyola University Chicago School of Law, where she is a senior editor of the Loyola University Chicago Consumer Law Review and the executive editor of Loyola’s IP blog, IP Bytes.

Recent Articles by

Section 101 on Trial: Understanding How Eligibility Issues Have Fared Before Juries

Few lawyers have tried patent eligibility, 35 U.S.C. Section 101, to a jury. Our research found just four such cases since the Supreme Court created its muddled two-step test in Alice v. CLS Bank. In every one of those, the jury issued a pro-ineligibility verdict, while none resulted in a final Section 101 determination either way. Understanding how that issue has been handled at and after trial is important for practitioners with cases where Section 101 is at issue, which has become increasingly common.