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

By Ryan Davis (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...

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