This session will review the latest developments and e most impactful cases from the last 12 months in 101 jurisprudence and review the Court’s attempt to resolve the “bitter divide” of patent subject matter eligibility.

• Analyzing the unique 101 questions posed by American Axel and assessing its chance of have cert. granted
• Understanding the significance of the Court’s invitation to the Solicitor General to file a brief in this case
• Considering the Biden administration’s views on patent law and eligibility
• Reviewing recent District Court cases tackling 101 at the motion to dismiss and summary judgment stages
• Taking stock of the recent 101 cases applying the Supreme Court’s Alice/Mayo tests before the Federal Circuit
• Boehringer Ingelheim Pharmaceuticals, Inc. v. Mylan Pharmaceuticals, Inc. (Fed. Cir. 2020)
• Illumina, Inc. v. Ariosa Diagnostics, Inc. (Fed. Cir. 2020)
• Deciding whether a new application of an abstract idea is abstract
• Analyzing when courts will conclude that any claim at issue is deemed invalid as claiming ineligible subject matter
• Whether there was direction to a natural phenomenon
• Assessing the competing interests keeping 101 reform at bay