
Event Session
Winning Alice and Mayo at the District Courts and on Appeal
May 23, 2022 @ 2:45 PM EST
2:45 PM ET
May 23, 2022
Winning Alice and Mayo at the District Courts and on Appeal
Ten years ago the United States Supreme Court embarked upon a new path relative to patent eligibility, issuing Mayo v. Prometheus, which for the first time interjected concepts of novelty and inventiveness into the patent eligibility inquiry of 35 U.S.C. 101. The Mayo test would two years later become the Alice/Mayo framework when the Supreme Court extended the Mayo ruling applicable to life science to the software realm. Rather than rehash the relative merits of whether the Supreme Court should have so changed the law, or whether the Federal Circuit has faithfully followed Supreme Court guidance, or whether Congress will or should enact a legislative fix to 101, this panel will explore how district courts are handling cases caught in the Alice/Mayo framework, current trends at the Court of Appeals for the Federal Circuit, and cases pending certiorari decisions at the Supreme Court.
CLE Materials (requested in Virginia only)
Tillis, Michel, and Kappos File Amici Curiae in American Axle at Supreme Court
Iancu Proposes Overcoming 101 ‘Morass’ by Strictly Following Supreme Court Precedent
Judge Michel Asks Supreme Court to Grant Petition in USR v. Apple to Save U.S. Innovation
As Judge Stark Ascends to the Federal Circuit, a Look Back at His 2018 Ruling in American Axle
Ten years ago the United States Supreme Court embarked upon a new path relative to patent eligibility, issuing Mayo v. Prometheus, which for the first time interjected concepts of novelty and inventiveness into the patent eligibility inquiry of 35 U.S.C. 101. The Mayo test would two years later become the Alice/Mayo framework when the Supreme Court extended the Mayo ruling applicable to life science to…