Section 101 Arguments On The Rise At ITC

By Eric Schweibenz and John Presper, Oblon McClelland Maier & Neustadt LLP (January 6, 2017, 5:56 PM EST) -- Eric W. Schweibenz

John F. Presper The U.S. Supreme Court's 2014 Alice decision has been invoked in hundreds of cases over the last two years, most of which have resulted in the subject patents found invalid.[1] By contrast, Alice has had relatively little impact at the U.S. International Trade Commission until recently. Since Alice issued in June 2014, the question of patent-eligible subject matter has arisen in only six ITC investigations. The commission has reviewed determinations by the administrative law judge in three of those investigations. This article summarizes these investigations and provides key takeaways on 35 U.S.C. § 101 defenses...

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