Alison Gelsleichter is an associate in Mayer Brown’s Washington DC office and a member of the Intellectual Property practice. She focuses primarily on intellectual property litigation, including patent, trademark, and trade secret infringement.
Alison has represented clients from various industries in intellectual property litigation in federal district courts across the country as well as in actions arising under Section 337 of the Tariff Act of 1930 before the US International Trade Commission. Her patent litigation cases have involved a diverse array of technologies, including medical devices, pharmaceuticals, telecommunication devices, LCD panels, mobile phones, automobiles, and data processing devices.
Alison has extensive experience crafting dispositive motions, preparing witnesses for deposition, and assisting in all aspects of discovery. She also provides counseling on other intellectual property matters, such as trademark clearance and registration.
Could the United States Supreme Court once again weigh in on Section 101 subject-matter eligibility? With the Court having asked for the views of the Solicitor General yesterday, it seems increasingly likely. Late in 2020, patentee American Axle & Manufacturing, Inc. (American Axle) petitioned the Supreme Court for writ of certiorari, arguing that the Federal Circuit is “at a loss as to how to uniformly apply § 101.” Pet. for Writ of Certiorari at 3 (Dec. 28, 2020). Organizations such as the New York Intellectual Property Law Association, the New York City Bar Association, and the Chicago Patent Attorneys organization have all submitted amicus briefs supporting American Axle’s ask. On March 1, former USPTO Director David Kappos, former Federal Circuit Chief Judge Paul Michel, and Senator Thom Tillis from North Carolina also jointly filed an amicus brief, arguing that the “disparate and inconsistent application” of the current Section 101 jurisprudence has led to “an unpredictable and unstable” patent system. Br. in Support of Am. Axle’s Pet. for Writ of Certiorari at 5 (Mar. 12, 2021).