Using Prior Art In Patentability Args Amid Fed. Circ. Confusion

Law360 (November 18, 2020, 5:27 PM EST) -- The U.S. Supreme Court has seesawed on whether consideration of prior-art-based arguments, such as novelty, belong in a Section 101 inquiry. Where we stand today is the Supreme Court embraced that approach in Mayo Collaborative Services v. Prometheus Laboratories Inc.

Since then, the U.S. Court of Appeals for the Federal Circuit has been forced to embark on a new path, one it had not traveled down before, and its treatment of prior-art-based arguments during a Section 101 analysis has been inconsistent. This poses challenges to both district courts as well as practitioners.

This article aims to provide some clarity by (1)...

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!


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?
Ask a question!