Is Your Case Dead in the Water? Redefining What Is Patent-Eligible Subject Matter Post-American Axle v. Neapco

September 21, 2022 11:45am

John L. Abramic
Partner
Steptoe & Johnson LLP

Paul Browning
Partner
Finnegan, Henderson, Farabow, Garret & Dunner LLP

Brian P. Murray
Partner
Holland & Knight LLP

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