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ARTICLE · 30 OCTOBER 2023

Section 101 Patent Eligibility Roundup: October 2023

In this latest roundup, we look at some recent opinions from around the country, an interesting article discussing the constitutionality of the Patent Eligibility Restoration Act, "My Cousin Vinny" and more.

United StatesIntellectual Property

In this latest roundup, we look at some recent opinions from around the country, an interesting article discussing the constitutionality of the Patent Eligibility Restoration Act, "My Cousin Vinny" and more.

(Also, a reminder: a reference to a particular case or article does not necessarily mean we agree with what is being proffered; we might just find it interesting.)

The Supreme Court Continues to Turn Down Patent Eligibility Petitions

This is unsurprising to anyone reading this blog, but the Supreme Court continues to mostly ignore patent eligibility. I say mostly for two reasons: First, the Court has often asked for the input of the Solicitor General so there is at least enough interest to request the brief. Of course, that has not led to the Court granting a petition, even when the Solicitor General suggests it. Second, Justice Kavanaugh seemingly wants to hear a patent eligibility case. Earlier this month, the Supreme Court denied certiorari in CareDx v.

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