Winning Alice and Mayo at the District Courts and on Appeal

Winning Alice and Mayo at the District Courts and on Appeal

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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)

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