Federal Circuit Narrows Its Prior Decision; Court Is Still Torn on Section 101 Patent Eligibility
Intellectual Property Partners Allison Lucier and Anthony Fuga co-authored an article in IP Litigator on a modified opinion from the U.S. Court of Appeals for the Federal Circuit. In the earlier opinion, the Federal Circuit affirmed a lower court ruling that found two claims were invalid under Section 101 for being directed to a natural law. In its modified opinion, the Federal Circuit determined that one claim may be directed to patent-eligible subject matter, while the other claim remains invalid. In their article, the authors analyze the court's decision, including a blistering dissent from one of the judges.