Patent Eligibility Is Becoming Increasingly Relevant At ITC

By Matt Rizzolo, Matthew Shapiro and Brendan McLaughlin (November 29, 2021, 4:42 PM EST) -- Over the past decade, arguably no aspect of patent law has seen more change — and controversy — than patent eligibility under Title 35 of the U.S. Code, Section 101.

Through cases such as Bilski v. Kappos in 2010,[1] Mayo Collaborative Services v. Prometheus Laboratories Inc. in 2012,[2] and Alice Corp. v. CLS Bank International in 2014,[3] the U.S. Supreme Court reshaped the meaning of patent eligibility, leaving the lower courts and patent litigants to grapple with this new guidance.

Virtually all patent practitioners can now recite the Alice/Mayo two-step patent eligibility test in their sleep — or nightmares:

First, a...

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