In the Headlines
May 15, 2023

Justices Again Decline to Reconsider Patent Eligibility Test


Intellectual Property attorney was quoted in a Law360 story about the U.S. Supreme Court's decision declining to hear two cases concerning patent eligibility. U.S. Solicitor General Elizabeth Prelogar had recommended the court hear the cases, saying there was "significant confusion" about patent eligibility under Section 101. One of the cases concerned a lawsuit by the company Interactive Wearables against Finnish smartwatch maker Polar Electro Oy, represented by Mr. Fuga and Holland & Knight. Lower courts had ruled in favor of Polar Electro. Mr. Fuga shared his reaction to the court's decision not to grant Interactive Wearables' petition.

"The district court decided that Interactive Wearables' asserted patents were ineligible in a thoughtful and thorough decision, which the Federal Circuit affirmed without opinion. Despite the opportunity, not one judge voiced a concern," he said. "To the extent Section 101 patent eligibility should be reviewed, the court is correct that this case is not the right vehicle for such a review."

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