Analysis

Fed. Circ. Judges' Plea To Reps Shows Patent-Eligibility Angst

Law360 (June 4, 2018, 7:47 PM EDT) -- An unusual opinion by two Federal Circuit judges urging Congress to clarify the law on patent eligibility echoes widespread frustration in patent circles with the muddled jurisprudence on the subject and adds to a growing push for a legislative solution, attorneys say.

In an opinion Thursday concurring with an order denying en banc rehearings of two patent-eligibility cases, Judge Alan Lourie, joined by Judge Pauline Newman, wrote that U.S. Supreme Court decisions like Alice and Mayo have left uncertainty in the law about what is and is not patent-eligible under Section 101 of the Patent Act.

"I believe the law needs...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.


  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!

TRY LAW360 FREE FOR SEVEN DAYS

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Beta
Ask a question!