Another Term, Another Section 101 CVSG

Last week marked the start of the Supreme Court's October 2022 Term. That meant another "long conference" order list acting on most of the petitions that had accumulated over the summer. The Court did not grant any new cases from the Federal Circuit. But it called for the views of the Solicitor General in two such cases-one of which may give our readers a sense of déjà vu. We've discussed the CVSG process in more detail in a previous post.

One CVSG came in Interactive Wearables, LLC v. Polar Electro Oy. The petition there asks the Court to consider questions including:

1. What is the appropriate standard for determining whether a patent claim is "directed to" a patent-ineligible concept under step one of the Court's two-step framework for determining whether an invention is eligible for patenting under 35 U.S.C. § 101?