SWIPLit

Federal Circuit Affirms Dismissal of “Process Automation” Patent Infringement Suit

By Zach Schroeder and David G. Barker On March 15, 2022, the Federal Circuit affirmed the Eastern District of Texas’s dismissal of a patent infringement complaint because the asserted patent claims were directed to process automation and therefore not eligible for patent protection under 35 U.S.C. § 101. Repifi Vendor Logistics sued Intellicentrics for infringing […]

| 3 min read | Tagged: , , , , ,
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Vibrations at the Federal Circuit: American Axle and the “New” “Nothing More” Test of Patent Subject Matter Eligibility

By Daniel M. Staren and David G. Barker The Federal Circuit’s recent decisions in American Axle & Manufacturing, Inc. v. Neapco Holdings LLC have not clarified the standard for patent eligibility under 35 U.S.C. § 101 (see a previous analysis of § 101’s unpredictability here). In this case, significant differences among Federal Circuit judges turned […]

| 4 min read | Tagged: , , ,
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Solicitor General Weighs in on Section 101, Prompts High Court to Grant Review in Athena Diagnostics v. Mayo Collaborative Services

By Andy Halaby At the Supreme Court’s request, the Solicitor General on Friday, December 6, weighed in on two pending cert petitions dealing with patent subject matter eligibility under 35 U.S.C. § 101.  Though the Solicitor General urged on behalf the United States that both those cert petitions be denied, he seized the opportunity, in […]

| 6 min read | Tagged: , ,
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Former Partner

Legislators Propose Patent Eligibility Overhaul

By Zachary G. Schroeder,* Jacob C. Jones, and David G. Barker In April, we posted an article titled “Section 101 in 2019” summarizing the existing patent eligibility test, discussing recent Federal Circuit decisions, and providing practical strategies for practitioners to navigate the Section 101 landscape. That article highlighted the lack of certainty and predictability under existing […]

| 3 min read | Tagged: , ,
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Section 101 in 2019

Snell & Wilmer Lawyers presented their article, Section 101 in 2019, at the ABA Section of Intellectual Property Law’s Annual Meeting in Arlington, Virginia, as part of a program, “101 ‘301’: Advanced Subject Matter Eligibility.”  The article summarizes the existing patent eligibility test, discusses recent Federal Circuit decisions, and provides practical strategies for practitioners navigating the […]

| 1 min read | Tagged: , , , , , , ,
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