The Next Step In Patent Eligibility: 'Abstract' Physical Devices

Law360 (April 29, 2020, 3:36 PM EDT) -- The U.S. Supreme Court's 2012 decision in Mayo Collaborative Services v. Prometheus Laboratories Inc. and 2014 decision in Alice Corp. v. CLS Bank International set off a cascade of patent eligibility challenges under U.S. Code Title 35 Section 101 that continues today.

Even after more than five years of follow-on opinions by the lower courts, the law of patent eligibility remains active and unsettled. There were more than 25 eligibility opinions from the U.S. Court of Appeals for the Federal Circuit in 2019 alone. 

Now, courts are applying the "abstract ideas" exception of Section 101 to invalidate claims directed to physical devices...

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!